In Brief
This appeal concerns the validity of a gift deed dated 31 May 1949 executed by Akhtari Begum in favour of her brother Zamir Ahmad in respect of a house property. The trial court and first appellate court had found the gift deed invalid for want of proof of delivery of possession. The High Court reversed this, holding the gift deed valid and decreeing eviction of the tenant-appellants. The Supreme Court upheld the High Court's judgment, holding: (1) substantial compliance with the amended Section 100 CPC was achieved where the appellants failed to challenge procedural defects and the substantial question of law was formulated at hearing; (2) under Muslim law, constructive possession suffices when property is already held by a tenant; (3) attornment by the tenant is not essential for transfer of landlord's rights; and (4) the gift deed was valid and title had passed to the respondents' predecessor.
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