FATMABIBI Vs. IRFANA BEGAM

JUDGEMENT

(1.) This is a plaintiffs second appeal in a suit for partition.

(2.) The relationship between the parties is not in dispute. It was alleged by the defendants Nos. 1 to 3, who are the heirs of Syed Imtiyaz Ali, that the property in suit had been gifted by Syed Amir Ali to Syed Imtiyaz Ali, father of Syed Wajid Ali, by a registered instrument dated 1st April, 1914. The gift deed excluded Syed Sajjad Ali, the plaintiff's husband, from any right to the house. He was, however, permitted to continue to live in it if he remained of good character. If the gift was a fact and valid in law, the plaintiff appellant as the widow of Syed Sajjad Ali had no case. The two courts below took that view and dismissed the suit without deciding the other issues raised in the case.

(3.) It is not necessary to refer to the whole case of the parties or their pleadings. Issue No. 8 raised the question whether the gift deed dated 1st April, 1914 relied upon by the defendants Nos. 1 to 3 is void and illegal for the reasons set forth in paragraph 12 of the plaint.