SHABBIRAN Vs. NARGIS PARVEEN

JUDGEMENT

(1.) The present appeal has been filed by the plaintiff, who is daughter-in-law of Mohd. Balal, now deceased represented through her legal representatives. The respondent in the present case is the daughter of Mohd. Balal who had already expired on 04.01.2009 before the institution of the suit on 07.10.2010.

(2.) Both the Courts below have dismissed the suit for declaration of the plaintiff regarding the claim of her ownership on the basis of the possession and alleged oral gift by her father-in-law, which pertained to House No.B-2/251 measuring 206.1/4 square yards, the boundaries of which were given in the plaint. Resultantly, the claim for permanent injunction was also dismissed while dismissing the suit by holding that nothing had been brought on record to show that the plaintiff was ever in possession of the suit property.

(3.) Counsel for the appellants has vehemently argued that the Courts below were in error in dismissing the suit since an oral gift was permissible under Muslim Law and the condition was only that there had to be declaration of gift by the owner, acceptance by the donee and delivery of possession. It is, thus, submitted that the father-in-law had given oral gift of the said property on 25.01.2006 to the daughter-in-law and the possession had also been handed over at that point of time. The memorandum of oral gift had been put in place on 01.02.2008. After the death of Mohd. Balal, the dispute had arisen as the defendant had wanted to alienate the suit property and was threatening to dispossess the plaintiff.