BHOONA BI Vs. GUJAR BI

JUDGEMENT

(1.) THIS appeal, which has been preferred by the defendant, is directed against the judgment of the learned Second Additional Subordinate Judge, Tiruchirapalli, in O. S. 160 of 1962.

(2.) THE suit properties originally belonged to one Abdul Sathar, who died on 17-121960, leaving him surviving his mother Gujar Bi alias Hamida Bi (the plaintiff-respondent) and his wife Bhoona Bi (the defendant-appellant ). Under Ex. B-1 dated 13-11-1953, that is to say, about 7 years before his death, Abdul Sathar gifted items 1 and 2 of the plaint A schedule properties in favor of his wife. Under ex. B-2, dated 21-10-1959, that is to say, about one year and two months before his death, Abdul Sathar gifted items 3 and 4 of the plaint A schedule and other properties in favor of his wife. The donee accepted the gifts, took delivery of possession of the gifted properties, collected rents therefrom and paid tax therefor. After the death of Abdul Sathar, however, his mother instituted a suit in forma pauper's for partition and separate possession of her 3/4th share in the properties on the basis that Abdul Sathar died possessed of these properties, without making any reference in the plaint to the gifts in favor of his wife.

(3.) THE defendant in her answer pleaded, inter alia, that the gifts under Exs. B-1 and B-2 were valid and had been acted upon, and that as Abdul Sathar did not die possessed of the properties gifted to her or of the other properties mentioned in the plaint A schedule, the plaintiff was disentitled to any relief.