SOMESHWAR Vs. BARKAT ULLAH

JUDGEMENT

(1.) This is a defendant's appeal arising out of suit No. 514 of 1945 of the Court of Munsif, East, Allahabad. The suit was filed by three persons Hamid Ali, Barkat Ullah and Nawab Hasan. There are two defendants in the suit, Someshwar and his father Kallu.

(2.) What happened was that Hamid Ali, a Shia muslim, made a gift of the property in question in favour of Someshwar on 21st April, 1945. Later he executed a sale deed in respect of this very property along with some other on 6th September, 1945, in favour of Barkat Ullah and Nawab Hasan, plaintiffs 2 and 3 in the suit. Someshwar filed a suit for preemption on the basis of that sale deed in respect of property other than the one covered by the gift deed, that suit for pre-emption being suit No. 470 of 1946; and Hamid Ali, Barkat A!i and Nawab Hasan filed this suit, No. 514 of 1945, for the cancellation of the gift deed on the ground that it was revoked by Hamid Ali and for possession over the property, in case the plaintiffs were found to be out of possession.

(3.) As this suit filed by Hamid Ali and others was decreed by the trial Court, the suit for pre-emption was dismissed. An appeal was filed against the dismissal of that suit, but it became infructuous after the abolition of zamindari in this State, and we are not, therefore, concerned with that dispute between the parties any more.