FAIYAZ HUSAIN; FIZZA BEGAM Vs. KHURSHED HUSAIN

JUDGEMENT

(1.) This appeal arises out of a suit brought by Syed Faiyaz Husain, the plaintiff respondent No. 1, to recover his legal share in the estate left by his elder brother, Syed Tajammul Husain.

(2.) It appears that Tajammul Husain was the eldest of four brothers and one sister. One of the brothers, Riaz-ud-din, died in the life-time of Tajammul Husain leaving him surviving a son called Nasir-ud-din. The other two brothers and the sister, namely, Faiyaz Husain, Khurshed Husain and Musammat Fizza, are still alive.

(3.) On the 4th of July, 1911, Tajammul Husain executed a deed in respect of the whole of his property in favour of Khurshed Husain. The document was written out as a deed of gift, but was prior to its execution altered and described as a sale- deed, the consideration of which was remitted by the executant. Immediately after the execution of the document an application for mutation of names was made by Khurshed Husain, and the next day, on the 5th of July, 1911, Tajammul Husain was examined on commission and admitted the application of Khurshed Husain. Tajammul Husain died four days after, on the 8th of July, 1911.