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 KURIAN, J.

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.

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; July 11, 2018.