NAWAB JAN Vs. SAFIUR RAHMAN

JUDGEMENT

(1.) This is an appeal against the judgment of Greaves, J., and on the hearing of the appeal the arguments have bpen mainly addressed to the question whether the learned Judge s conclusion as to the validity and effect of the two deeds, dated 20th January 1906 and 27th January 1906, are correct. (The latter deed is referred to in the judgment of the learned Judge as being dated the 28th January 1906).

(2.) These documents were executed in the form of heba-bil-ewaz or "gift in exchange" and each deed contained a recital that Abdul Sutter had received two pieces of gold coin by way of consideration from the donees; the learned Judge, however, has found that there was no evidence of any consideration passing at the time of the execution of the deeds, but on the contrary the first defendant himself had in fact stated in his evidence that nothing was paid at the time of the execution of the deeds by his father.

(3.) Consequently these deeds must, in my judgment, be treated as having been made without consideration and merely as hebas.