Jamila Begum (D) Thr. Lrs. vs Shami Mohd.

The Supreme Court upheld the High Court's dismissal of Second Appeal No. 135 of 1998, affirming the validity of an oral gift made by Wali Mohd. to respondent No. 1 and the Will dated 30.09.1970. The Court ruled that the mortgage deed dated 21.11.1967 was executed without consideration and thus void, ordering the appellants to hand over vacant possession of the property. The Court emphasized that the suit for cancellation of the sale deed was barred by limitation under Section 3 of the Limitation Act, 1963.