In Brief
A widow gifted her house by deed in 1949 to her brother under Muslim law. The trial and appellate courts rejected the gift as invalid because no physical possession was handed over. The High Court later upheld the gift as valid, noting constructive possession sufficed since a tenant already occupied the property, and the brother subsequently collected rent. The Supreme Court dismissed the tenant's appeal, holding the High Court complied with procedural requirements for second appeals and correctly concluded the gift was valid, thereby confirming the eviction order in favour of the property owner.
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