distinction in his extremely valuable work on Muhammadan Jurisprudence at page 195. Tamleek, which means making another the malik or owner of a thing ... well-established rule of Muhammadan Law that in cases of tamleek, taleeq is not valid, i.e. it is not valid to make the transaction
defendant No.5 were cultivating the land before the mutation of Tamleek.
They continued to cultivate the same as owners after his death as well ... life time without any interruption.
Mutation of Tamleek sanctioned in favour of the plaintiff and
defendant No.5 was sent in review on the ground
orally transferred by Mangal Dass to
Chinti Devi by way of relinquishment (Tamleek). Chinti Devi
executed the Will in favour of Om Parkash ... deceit and fraud.
9. It was alleged that the original relinquishment
(Tamleek nama) was void and ineffective for the reason that
marlas to plaintiff no.1 out of own share and executed a
Tamleek Nama on 17.3.1970. It is in these circumstances, Banarsi Dass ... Madan Gupta, learned counsel appearing on behalf of the
appellants submitted that Tamleek Nama is not recognized in law. There is
no reference
estate in case of her remarriage. He also submits that tamleek nama (Ex.P2)
is of no consequence because the predecessor-interest ... person does not enjoy naturally but is owned through procurement.
Moreover, document tamleek nama (Ex.P2) has no bearing on the facts of this
Devi is
shown in possession of residential portion within the
ambit of Tamleek Nama. The property was also sold by
legal heirs to Babu
further
submitted that both the courts did not consider validity of Tamleek
Nama (Ex.P/1) dated 17/03/1964 and document ... made regarding fact
that whether Bhuri Bai had validly cancelled her own Tamleek Nama
(Ex.P/19 dated 16/10/1973 by her registered Will
suffers from mistake and error apparent on the face of the record. Tamleek-namah' and subsequent 'sale deed', referred in the order ... Supreme Court.
5. The submission based on Tamleek-namah and subsequent sale deed and issues connected thereto have been dealt with in detail
further submitted that both courts did not consider validity of
Tamleek Nama dated 17.03.1964 (Ex.P/1) which restricts the authority
of subsequent Sarvarahakar ... made
regarding fact that whether Bhuri Bai had validly cancelled her own
Tamleek Nama (Ex.P19) dated 16.10.1973 by her registered will
ancestral property and further that a Tamleek Nama has
been executed by Mangat Rai during his life time on 04.11.1955, according
to which the property ... appellants-plaintiffs have been able
to prove on the basis of Tamleek Nama dated 04.11.1955 that the shop was
partitioned by Mangat Rai, father
