CHHOTE KHAN Vs. JOHRA BI

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 3rd of Dec. 1997 passed by the Civil Judge Class II, Gwalior whereby the alleged gift -deed dated 3rd of May, 1976 filed on record was refused by the trial Court, to be taken in evidence as it was not registered. A direction was given that the gift -deed so executed requires registration under section 17 of the Indian Registration Act.

(2.) THE contention raised by the learned counsel for the petitioners was that under the Mohamedan Law in view of Article 150 (4) of the Mullah's Mohamedan Law, the law as envisaged amongst Muslims has been enumerated in the following terms:

(3.) AFTER hearing learned counsel for the parties and perusing the impugned order, it appears that according to the contention raised by the petitioner, this act of gift has, already been taken place, which could be proved by oral evidence.