(1.) THIS second appeal has been filed by the defendant -appellant against a decree of the Lower Appellate Court, whereby a decree of the original Court has been reversed and the plaintiff -respondent's claim for the possession of a house decreed.
(2.) THE plaint alleges that the appellant on Amarbad 1, 1349 Fasli: June 6, 1940 married the respondent;, at the time of the marriage the house in dispute was conveyed to her in lieu of her dower and an entry accordingly made in 'Nikahnama' (the marriage certificate.); the physical possession was also given and the plaintiff -respondent has since then been in possession; she has reconstructed the house at her own expenses, by sale of her ornaments and even if it be held that the reconstruction was by the appellant, the costs of such reconstruction should be deemed as gift by the husband; the appellant has contracted several other marriages; he married once; but the wife died, then while the plaintiff -respondent was away, he married again, mortgaged the house to defendants Nos. 3 to 6, who let it out to defendant No. 2 as a tenant for the purpose of showing possession; when she returned and entered the house she found some movable properties of other persons in a room; which later she came to know to belong to defendant No. 2; and was on Bahman 18, 1351 Fasli: December 21, 1941 dispossessed; hence this suit to recover the house.
(3.) THE judgment of the trial Court appears to have been delivered by instalments. On Farwardi 5, 1353 Fasli: February 7, 1944, it decided Issue No. 7 in the case, which related to whether the 'Siaha' (marriage certificate) was compulsorily registrable and whether in absence of such a registration it was admissible in evidence. It held that as under Section 116 of the Hyderabad Transfer of Property Act the provision of S. 110 of the Act about the registration of a deed of gift was not applicable to Mohammadans, there can be oral gift; but if the transaction was reduced into writing, it was registrable; such an unregistered document, however, was admissible for the collateral purpose.