FARID MIAN Vs. MST. HUSNA JAHAN

JUDGEMENT

(1.) THIS is a Plaintiff's appeal. It arises out of a suit for cancellation of a deed of gift executed by Sharfuddin in favour of Husna Jahan. on the 5th of March, 1915, in respect of half share in a house, which originally belonged to Mohammad Husain, who is dead. The plaintiff -applicant, Farid Mian, is the father of Mohammad Husain and the donor, Sharfuddin, was the son of Mohammad Husain. The done Husna Jahan; the defendant -respondent, is related to the donor as his aunt.

(2.) ON the death of Mohammad Husain Sharfuddin as well as Farid Mian were entitled to a share in the house. Sharfuddin instituted Suit No, 61 of 1944 claiming partition of his share in the house against Parid Mian. On the 24th February; 1945, the suit was compromised and under the compromise a half share in the house was given to Sharfuddin and the other half to Farid Mian. Thereafter, on the 5th March, 1945, Sharfuddin made the gift in question. A forthright later Sharfuddin died on the 22nd March, 1945.

(3.) THE defence set up by Husna Jahan, the defendant -respondent; was that at the time of the execution of the deed of gift Sharfuddin was not suffering from any Marz -ul -Maut or death -bed illness: that the transaction was Hiba -bil Ewaz -, and that possession was transferred from the donor to the donee.