In Brief
The appellant purchased land by registered sale deeds in 1974 and 1978, but the original owner had previously gifted the same property to the respondent Trust by registered gift deed in 1973. Both the appellant and respondent filed suits—the appellant for injunction against the respondent's encroachment, and the respondent for declaration of title and recovery of possession. The Supreme Court held that the 1973 gift deed was valid and enforceable, having satisfied all statutory requirements of the Transfer of Property Act. The gift being earlier in time, it prevailed over the subsequent sale deeds. The respondent's suit for declaration and recovery of possession was not barred by limitation and was maintainable. The appeals were dismissed.
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