ABDULRASHID ABDULRAJAK MANER Vs. GULAMHUSEN KUTUBUDDIN MANER

JUDGEMENT

(1.) Though this is an appeal by both original defendants Nos. 2 and 7 against the concurrent finding of both the Courts below invalidating the Gift Deed in favour of original defendant No. 7. Two very neat and substantial questions of law arise herein and decision on either of them in favour of the appellants would be enough to strengthen the hands of this Court to allow this appeal by doing which this Court will be doing real and substantial justice between the parties.

(2.) The few necessary facts giving rise to the two questions are as follows :

(3.) It is possible to hold that there is some ambiguity about this expression "accepted", viz, whether the acceptance was in respect of the gift or was in respect of the possession of the property. The further portion of the Marathi document means that as per the Gift Deed, the minor had become absolute owner of the gifted property. He was given all the right to have his name transferred in the Government Khatas and responsibility of payment of Municipal Taxes etc., was put upon him. It further means that the donor had unequivocally declared that he had ceased to have any interest in the suit property as from that date. In other words, he had completely washed his hands off it so far as the gifted property was concerned.