RAHMAN BI Vs. FATIMA BIBI

JUDGEMENT

(1.) I have no hesitation in accepting the findings of the learned Judge on the issues referred to him.

(2.) As regards the house assigned by Exhibit B, No. 107 in Thambu Chetty Street, it is found that at any rate after the date of Exhibit I, possession was held by Chinna-vapu Sahib (the donor) only as the guardian of the donee: and it may be inferred that his possession between the date of gift and that date was in the same capacity. I should, therefore, hold that the gift is valid.

(3.) The case of the other house, No. 76 in Angappa Naick Street, transferred by Exhibit A is different. The learned Judge finds "that possession of the subject of the gift was not actually transferred by the donor to the donee and that, after the gift and until the death of the donor, no act of ownership was exercised over the subject of gift either by the donee or by any person on behalf of the donee but that the donor continued to receive rents from the property."