Details |
A gift for a consideration. Hiba-bil-iwaz is a gift for which a return or
consideration is exchanged, as when a man gives his property to his wife in
exchange for her claim of dower. A Gift for a consideration. Hiba-bil-iwaz
is said to resemble a sale in all its properties; and the same conditions
attach to it, and the mutual seiz in of the donee is not, in all cases,
necessary. ….. [Mac. Mahn. Law]
Title suit cancellation of the registered Hiba-bil-ewaz deed–
The plaintiff who is a well educated man and was the chairman of the union
parishad for 2 terms, admittedly executed this hiba-bil-ewaz deed. The
evidence produced by the defendant has proved sufficiently that the
plaintiff executed this hiba-bil-ewaz deed being fully conversant with the
contents of it and on receipt of the consideration as mentioned in the
hiba-bil-ewaz deed in the year 1991. So, this suit filed in the year 1999
is hopelessly barred by limitation also. The appellate court below and the
High Court Division committed wrong and illegality in holding that the
hiba-bil-ewaz deed in question was obtained by practicing fraud and as such
the limitation for this suit will run from the date when the defendant left
the house of the plaintiff leaving him in breach of condition of this
hiba-bil-ewaz deed. From the above discussions, it is evident that no fraud
was practiced at all in getting this hiba-bil-ewaz deed executed and
registered. The trial court rightly found that there was no fraud at all in
causing execution and registration of this hiba-bil-ewaz deed and that this
suit is hopelessly barred by limitation. This appeal be allowed on contest
without any order as to cost. The impugned judgment and decree of the High
Court Division and also those of the appellate court below are set aside.
The judgment and decree of the trial court dismissing the suit be upheld.
…Rani Akther(Most) =VS= Mobarak Ali Mridha, (Civil), 2020 (1) [8 LM (AD)
128] ....View Full Judgment
|