M E MOHAMED HANEEFA Vs. SHEIK ABDUL KHADER

JUDGEMENT

(1.) THE appellant herein is the aggrieved defendant, who succeded before the trial Court on the dismissal of the suit. But, in the appeal preferred by the plaintiff before the 1st appellate Court, the judgment and decree passed by the trial Court were set aside and the appeal was allowed and consequently the suit was decreed against the defendant.

(2.) THE facts of the case, in brief, as put forth by the plaintiff before the Courts below, are as follows:

(3.) AGGRIEVED by such decision, the plaintiff raised appeal grounds before the 1st appellate Court and also filed an application to examine one of the attestors of the settlement deed before the appellate Court and the 1st appellate Court, after hearing both parties, had come to the conclusion that the settlement deed need not be proved in accordance with law since the parties to the settlement deed are Muslims and the Mohammedan Law is applicable to them and under the provisions of Mohammedan law, the gift deed has been proved and thus, the suit was decreed in favour of the plaintiff to the detriment of the defendant.