AIR 2019 SUPREME COURT 72 ::AIROnline 2018 SC 853 ::(2019) 4 CivLJ 156 ::(2019) 1 All RentCas 1 ::(2019) 1 CivilCourtC 643 ::2019 (1) KCCR SN 22 (SC) ::2019 (2) SCC 727 ::(2019) 1 RecCivR 387

Supreme Court Of India

(From: AIR 2008 All 24)

Hon'ble Judge(s): R. Banumathi, Indira Banerjee , JJ

(A) Registration Act (16 of 1908) , S.49— Registered document - Registration of sale deed reinforces valid execution of sale deed and carries presumption of validity - Burden of proof lies on party challenging validity. AIR 2006 SC 3608, Rel. on. (Para 14) (B) Transfer of Property Act (4 of 1882) , S.123— Registration Act (16 of 1908) , S.17, S.50— Limitation Act (36 of 1963) , Sch.58, S.59— Suit for declaration -Period of limitation - Plaintiff neither challenging sale deed executed in favour of defendant nor claiming his right over suit property for eight years in spite of number of proceedings taking place between parties - Suit barred by limitation. AIR 2008 All 24, Reversed. (Para 20) (C) Transfer of Property Act (4 of 1882) , S.123— Registration Act (16 of 1908) , S.17, S.50— Oral gift by mohammadan - Essential condition - In absence of proof of actual delivery of possession, oral gift not established. Plaintiff has not proved as to how at the time of oral gift, the possession was delivered to him. Nothing is brought on record to show that plaintiff has taken any steps to get the property mutated in his n....