IBRAHIM HAJI MUSA HAJI RASUL SAMOL Vs. SUGRABIBI

JUDGEMENT

(1.) This second appeal at the instance of the origina defendant arises out of the suit filed by the respondent-plaintiff in the Court of Civil Judge (S. D.) Godhra for possession and mesne profits of a residential building which she claimed had been gifted to her by her father in July 1968 and also for possession of moveables lying in the said house and in the alternative for a sum of Rs. 3799.00being the damages on account of the said moveables.

(2.) The suit was resisted by the defendant who happens to be the brother of the plaintiff contending inter alia that the gift in question was neither valid nor legal.

(3.) The trial Court dismissed the suit of the plaintiff on the ground that the gift was not legal and valid because the conditions required under the Mohmedan law for completion of the said gift were wanting.