NOOR JAHAN BEGUM Vs. MUFTKHAR DAD KHAN

JUDGEMENT

(1.) THIS special appeal Is directed against the judgment and decree of a learned single Judge of this Court affirming the dismissal of a suit by the trial Court.

(2.) RAFI Ullah Khan had a son, Rafi-ul-Qadar. Rafi-ul-Qadar had two wives, of whom the appellant, Noor Jehan Begum, is one. The first respondent, Muftkhar Dad Khan, is a son by the other wife.

(3.) THE suit was contested by the first and second respondents. The defence in the main was that Rafi Ullah Khan did not execute any gift deed in favour of the appellant, that in any event he never in tended to act upon the gift deed and he continued as before in proprietary pos session and enjoyment of the grove and possession never passed to the appellant. It was further, alleged that a few days before his death when Rafi Ullah Khan was unconscious the appellant obtained his thumb impression on some blank papers which were later employed in mutation proceedings in her favour. Sub sequently, after Rafi Ullah Khan's death the appellant herself made an application on December 20, 1942 as guardian of the minor heirs of Rafi Ullah Khan praying that mutation be effected hi their favour and the other heirs. That resulted in the grove being recorded in the names of the respondents.