Supreme CourtDivision Bench(2019) 02 SC CK 0240

Shabeer Ahmed vs Jabeen & Anr

Supreme Court Of India · Decided on 7 February 2019

HON’BLE JUDGES
A.M. Khanwilkar, J · Ajay Rastogi, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No(S). 6617 Of 2008

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Judgment

4 paragraphs · 189 words
1.

Heard the learned counsel for the appellant and perused the relevant material.

2.

The impugned judgment, in paragraph 4, had noted that the suit filed by the father of the defendant for declaration that the gift deed dated 10th August, 1983 and 8th May, 1986 along with revenue entries dated 18th August, 1983, 4th July, 1986 and 17th June, 1991, effected in the property register pertaining to the suit property was illegal, was still pending.

3.

It is not in dispute that the said suit has been dismissed for non-prosecution. In that sense, the evidence produced in the present proceedings clearly indicates that revenue entries have been effected long back in relation to the suit property, on the basis of the gift deed. The matters in issue have been answered by the courts below on that finding. Since the said gift deed has not been invalidated, coupled with the fact that the attempt of the father to question the said gift deed had failed, nothing more is required to be examined in this appeal.

4.

The appeal is devoid of merits. Hence, the same is dismissed. No costs.