NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8505 OF 2009
SHEIKH YAKUB(D) BY LRS. Appellant(s)
VERSUS
SAKINABI (D) BY LRS. Respondent(s)
J U D G M E N T
1. The trial court and the High Court have entered a
clear finding that late Mariyambi could not prove the
factum of oral gift. Despite being the donee, she
did not mount the box to prove the oral gift. The
Sale Deed executed by her in the year 1978 does not
trace her title to the oral gift. The Record of
Rights also does not support the case of Mariyambi on
the oral gift.
2. Therefore, we do not find any justification to
disturb such findings in the absence of any other
counter evidence. The appeal is, hence, dismissed.
New Delhi; July 11, 2018.