- (1.) Leave granted
(2.) Interpretation and/or application of the Islamic Law on Gift vis--vis handing over of possession of the property gifted is the question involved in this appeal. It arises out of a judgment and order dated 30.6.2008 passed by the High Court of Orissa at Cuttack in First Appeal No. 197 of 1982 whereby and whereunder the First Appeal filed by the respondent No. 1 - plaintiff s has been allowed decreeing the suit.
(3.) Indisputably, the properties in question belonged to one Haji Sk. Abdullah. He had two sons and four daughters. Respondent No. 1 - plaintiff was his elder son; whereas Abdul Razak (Razak ) (since deceased), father of appellants, was the younger son. His daughters were married. He gifted some lands in favour of his daughters in 1960. They in turn relinquished their rights in his properties. He executed a registered deed of gift in favour of Razak on or about 21.2.1973. The property gifted was a house. Adjoining thereby was a small patch of land which belonged to the State. The State had granted a temporary lease in favour of Haji Sk. Abdullah. It was being used for ingress to and egress from the said house. It is also not in dispute that he executed various documents in the year 1975 transferring his properties in favour of respondent No. 1, his sons as also the sons of Razak, appellants herein. The recitals in the said deed of gift dated 21.2.1973 read as under: Description - I, the donor purchased the schedule land from Sk. Abdul Azizi Ahmedi on 14.10.1958 by registered deed No. 11399 and since the date of purchase I have been possessing as owner thereof. Since I have become old, you the donee being my younger son, you along with your wife have been looking after me with utmost care and besides also you both are paying utmost regards to me and so, satisfied with you I decided to gift you the schedule land which is my self-acquired property and being in good health and mind, I am transferring the schedule land valued at rupees four thousand approximately to you by way of gift and executing this deed of gift and having done so. I declare that from to-day onwards you, and your children by succession will enjoy and possess the same and pay rent to Anchal and obtain rent- receipts in your name and whenever necessity arises you can transfer the same to which I will have no objection. In case I object, it will not be accepted by any court of law and this deed will remain valid and effective. Dated 21st February, 1973.;