MT. JABEDA KHATUN Vs. MOKSED ALI AND OTHERS

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and decree passed by the Assistant District Judge, Dhubri in Title Appeal No. 34 of 1966.

(2.) THE plaintiff brought a suit for declaration that she was one of the heirs of late Noor Mohammad and was entitled to share of the property left by her father. Defendant No. 1 was the "adopted son" and defendant No. 2 was the "domestic son -in -law" of late Noor Mohammad. They filed a written statement. Their material plea was that the entire property had been gifted to them by late Noor Mohammad during his lifetime and therefore the plaintiff had nothing to inherit from her father. Defendants Nos. 3 and 4 also filed written statements and supported the case of defendants 1 and 2.

(3.) THE only point raised before us by Shri K. P. Sen. learned counsel appearing for the appellant, is that in view of Section 91 of the Evidence Act, the oral evidence of gift adduced by the defendants is not admissible.