2024 INSC 1006
1-CIVIL APPEAL NO.4211 OF 2009
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4211 OF 2009
MANSOOR SAHEB (DEAD) & ORS. …APPELLANT(S)
VERSUS
SALIMA (D) BY LRS. & ORS. …RESPONDENT(S)
WITH
CIVIL APPEAL NO. 4213 OF 2009
J U D G M E N T
SANJAY KAROL J.
1. The instant appeals, preferred by the original defendants, arise out of the
judgment and order dated 13.01.2006 passed by the High Court of Karnataka
whereby it dismissed the appeals filed by the original-defendants, confirming the
decree passed by the Court of the Principal Civil Judge (Sr. Dn.)1, Bijapur in O.S.
No.140 of 1988 in favour of the original plaintiffs (Respondents herein).
1 Hereinafter referred to as ‘Trial Court’
2-CIVIL APPEAL NO.4211 OF 2009
2. Admittedly, the parties are governed by Mohammedan law. The following
questions arise for our consideration:-
(a) Whether an owner of property can, in his lifetime,
transfer said property to his heirs by way of partition?
(b) Whether, in the facts of this case, the requisites of a valid
gift were met and also whether nomenclature employed in
Mutation Entry can be said to be indicative of intentions?
FACTUAL MATRIX
3. The brief facts are stated by referring to the parties as per their status in the
Trial Court.
4. One Sultan Saheb, the owner of th...