Foreign Exchange Regulation Act, 1973 – ss.31, 47, 50, 63 – A foreigner who was the owner of property in question, executed an agreement of sale in favour of predecessor of the appellant and respondent no.4 after previous permission of the RBI – However, around the same time she gifted portion of the property to respondent no.1 though without any previous permission of the RBI – Suit filed by appellant and respondent no.4’s predecessor against the respondent no.1 inter alia for declaring the gift deeds in his favour as null and void and not binding – Dismissed by Trial Court – First appeal filed by the appellant and respondent no.4, dismissed by High Court – On appeal, held:The condition predicated in s.31 of obtaining previous general or special permission of the RBI for transfer/disposal of immovable property situated in India by a person who is not a citizen of India is mandatory– Resultantly, any sale or gift of property situated in India by a foreigner in contravention thereof would be unenforceable in law– Gift deeds in favour of respondent no. 1 being unenforceable in law, he had no clear title to further transfer the same – Impugned judgment and decree of the Trial Court as confirmed by the High Court, set aside – Suit filed by predecessor of the appellant and respondent no.4 decreed in toto – Appellant being the legal representative of the plaintiff is entitled for possession of the suit property being the owner thereof and also for mesne profits for the relevant period – Interpretation of Statutes –Contract Act, 1872 – s.23 – Code of Civil Procedure, 1908 – Or.20, r.12 – Constitution of India – Article 142