In case I object, it will number be accepted by any companyrt of law and this deed will remain valid and effective.
Balasore, do hereby state that on account of old age I am unable to walk.
1 preferred an appeal thereagainst.
11399 and since the date of purchase I have been possessing as owner thereof.
It was being used for ingress to and egress from the said house.
197 of 1982 whereby and whereunder the First Appeal filed by the respondent No.1 plaintiffs has been allowed decreeing the suit.
Abdul Azizi Ahmedi on 14.10.1958 by registered deed No.
Abdul Gafur, at Sankarpur, Bhadrak, Dt.
He gifted some lands in favour of his daughters in 1960.
Abdullah had handed over the possession of the properties in question in favour of Razak Indisputably, during pendency of the suit, Razak died and his legal heirs, appellants herein, were substituted in his place.
Indisputably, the properties in question belonged to one Haji Sk.
112 of 1980 on or about 2.9.1980 in the companyrt of Subordinate Judge, Bhadrakh inter alia praying for a declaration that the said deed of gift dated 21.2.1973 was illegal, void and inoperative.
Abdullah.
Adjoining thereby was a small patch of land which belonged to the State.
7 of 1976 for grant of temporary lease in respect of the said small patch of Govt.
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 numberobjection.
The property gifted was a house.
Therefore, name of my son Abdul Razak may be entered in the tenancy ledger in place of my name and rent may be companylected from him.
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.
Respondent No.1 objected to the prayers made by the appellant.
Indisputably, Razak also filed T.L. Case No.
1 filed a suit being O.S. No.
Dated 21st February, 1973.
1647 dated 21.2.73 and so, I have numberclaim over the said properties.
Abdullah filed an application before the Tahsildar, Bhadrak for mutation of Razaks name in respect of the suit land in the revenue records marked as Case No.
In the year 1975, Haji Sk.
Abdullah.
His daughters were married.
land which along with the suit land formed a companypact area.
Being satisfied with the services and help rendered by my son Abdul Razak I have gifted the following lands to him by a registered gift deed No.
93 of 1975, stating I, the present applicant Hazi Seikh Abdullah aged 85 years, s o Sk.
By an order dated 6.4.1977, Tahasildar, Bhadrak while holding that the objection raised by the respondent No.1 was without any merit, recommended renewal of the licence in favour of Razak.
He executed a registered deed of gift in favour of Razak on or about 21.2.1973.
He had two sons and four daughters.
Two issues arose therein for companysideration of the learned trial judge Whether the suit was barred by limitation and 2 Whether Haji Sk.
They in turn relinquished their rights in his properties.
Respondent No.1 plaintiff was his elder son whereas Abdul Razak Razak since deceased , father of appellants, was the younger son.
It is also number 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.
Respondent No.
The State had granted a temporary lease in favour of Haji Sk.
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.
The deed of gift was also produced in the said proceedings.
Respondent No.
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.
B. Sinha, J. Leave granted 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.
