M/S.KAMAKSHI BUILDERS vs M/S. AMBEDKAR EDUCATIONAL SOCIETY .

The Supreme Court upheld the decree of the Trial Court, affirming that Respondent No. 1 failed to prove the validity of an alleged oral gift of property by Respondent No. 3, as required under Section 91 of the Indian Evidence Act. The Court emphasized that the burden of proof lies on the party asserting the existence of the gift, which Respondent No. 1 did not fulfill. Consequently, the appeal was dismissed, and the appellant was granted possession of the property.