Madras High Court
A.Ramjan Beevi vs The District Collector on 13 March, 2025
W.P.(MD)No.6767 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.(MD)No.6767 of 2025
and W.M.P(MD).Nos.5032 and 5034 of 2025
A.Ramjan Beevi ... Petitioner
vs.
1.The District Collector,
Ramanathapuram,
Ramanathapuram District.
2.The District Registrar,
Ramanathapuram,
Ramanathapuram District.
3.The Revenue Divisional Officer,
Ramanathapuram,
Ramanathapuram District.
4.The Sub-Registrar,
Keelakkarai,
Ramanathapuram.
5.The Tahsildar,
Keelakkarai,
Ramanathapuram.
... Respondents
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 07:01:58 pm )
W.P.(MD)No.6767 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Declaration, to declare that the unilateral
cancellation deed dated 22.10.2002 registered as Doc.No.1720 of 2002
on the file of the fourth respondent executed by the petitioner's mother
viz., Seeni Syedammal qua the land to an extent of 25 cents comprised in
S.No.67/3A1, Periyapattinam Village, Keelakkarai Taluk,
Ramanathapuram District as null and void.
For Petitioner :Ms.H.Jasima Yasmin
for M/s.Ajmal Associates
For Respondents :Mr.R.Suresh Kumar
Additional Government Pleader
*****
ORDER
The petitioner seeks issuance of writ of declaration to declare the
unilateral cancellation deed dated 22.10.2002 registered in Doc.No.1720
of 2002 on the file of the fourth respondent by one Seeni Syedammal
with respect to the property situated in S.No.67/3A1 of Periyapattinam
Village, Keelakkarai Taluk, Ramanathapuram District, as null and void.
2. The case of the petitioner is that the aforesaid property belonged
to her mother viz., Seeni Syedammal. She pleads that a settlement deed
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 07:01:58 pm )
was executed by her mother in her favour on 25.11.1997 in Doc.No.1327
of 1999. She claims that pursuant to this document, patta was mutated in
her favour and she had also taken possession and was in enjoyment of the
same.
3. The petitioner's mother passed away in the year 2005. At that
time, she came to know that the property, which had been gifted to her,
had been sub-divided and registered in the name of certain private
persons. Immediately, she filed an application for mutation of the
computerised records. It was on 24.05.2024 that she came to know that
the private persons had occupied only the premises over S.No.67/3A3
and not 67/3A1. At about the same time, the petitioner came to know
that her mother had unilaterally cancelled the settlement deed executed in
her favour by way of a cancellation of settlement deed in Doc.No.1720 of
2002, dated 22.10.2002. Pleading that the registration of unilateral
cancellation is contrary to the judgment of a Full Bench of this Court in
the case of Sasikala Vs., The Revenue Divisional Officer, AIR 2022
Mad 323, she had come forth with this writ petition.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 07:01:58 pm )
4. I heard Ms.H.Jasima Yasmin for the petitioner and
Mr.R.Sureshkumar, learned Additional Government Pleader, who takes
notice for the respondents.
5. At the outset, I should point out that the parties are muslims,
who are governed by Principles of Islamic Law. The Chapter relating to
gifts under Chapter VII of the Transfer of property Act is made in-
applicable to muslims by virtue of the Section 129 of that Act. Muslims
are permitted to transfer the properties, without a registered document,
which is impermissible for non-muslims. On account of the aforesaid
exemption, muslims are empowered to follow the principle settled by the
holy prophet as regards oral gifts-hiba.
6. The three essentials of hiba are there should be,
(i) a declaration of the gift by the donor;
(ii) Proof of acceptance of the gift by the donee expressly or
impliedly;
(iii) Delivery of possession either actually or constructively.
(see, Rasheeda Khatoon Vs., Ashiq Ali, (2014) 10 SCC 459).
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 07:01:58 pm )
7. For the mere fact that the document records the property has
been handed over and received would not be sufficient. This is because
unless and until the essentials of gift are proved, the gift itself has not
come into force. If the gift has not come into force, then there is no
transfer of title. consequently, the donor is entitled to cancel the
document at any stage.
8. Whether Seeni Syedammal had not only gifted the property, but
had also transferred the possession of the same to the petitioner and
whether the petitioner had accepted the gift and taken over the
possession of the property are all matters, which require oral and
documentary evidence.
9. Further more, the judgment in the case of Sasikala Vs., The
Revenue Divisional Officer cited supra does not lay down any
proposition with respect to muslims. The Full Bench had applied Section
126 of the Transfer of the Property Act, which falls under chapter VII.
When Section 129 exempts muslims from the entire operation of chapter
VII, the issue of applying Section 126 would not arise.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 07:01:58 pm )
10. A careful reading of the Sasikala's case shows that no where
has the Full Bench declared the principle, which applies to Hindu and
other communities, will apply to muslim also.
11. As the petitioner has to prove the essentials of gift
contemplated under Muslim Law, had been complied with by the donor
and donee, when the document was executed on 25.11.1997, the same
cannot be subject matter of the writ petition.
12. Accordingly, this Writ Petition is dismissed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
Index :Yes / No 13.03.2025
Internet :Yes / No
NCC :Yes / No
Rmk
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 07:01:58 pm )
To
1.The District Collector,
Ramanathapuram,
Ramanathapuram District.
2.The District Registrar,
Ramanathapuram,
Ramanathapuram District.
3.The Revenue Divisional Officer,
Ramanathapuram,
Ramanathapuram District.
4.The Sub-Registrar,
Keelakkarai,
Ramanathapuram.
5.The Tahsildar,
Keelakkarai,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 07:01:58 pm )
V. LAKSHMINARAYANAN, J.
Rmk
13.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 07:01:58 pm )
