SHEIKH GAUSI Vs. MOHAMMAD SHARIF

JUDGEMENT

(1.) The facts which have given rise to this appeal, lie within a very narrow compass. On 4 June 1926, Mulu executed a deed of gift in favour of Mohammad Sharif Khan, his maternal grandson. The deed of gift comprised three kinds of property, (a) a house, (b) a kolhu and (c) shares in 14 plots. The last mentioned property forms part of a fixed rate holding, held by Mulu, jointly with Gausi and others.

(2.) The defendants did not allow the plaintiff to take possession of this property; hence the suit for a declaration of title to a one-third share out of 3.96 in the fixed rate holding with a prayer for possession in the alternative.

(3.) The suit was resisted mainly upon the ground that the donor had not delivered possession to the donee under the deed of gift, and that no valid title had passed to the plaintiff. The Court of first instance repelled this plea and gave the plaintiff a decree for possession. The lower appellate Court has affirmed this decision.