MOHABBAT ALI KHAN Vs. MUHAMMAD IBRAHIM KHAN

JUDGEMENT

(1.) This is an appeal from the decree of the Judicial Commissioner for the North- West Frontier Province dated January 24, 1927, which set aside a decree dated April 14, 1925, of the Court of the District Judge, Kohat. The District Judge had decreed that the appellant is the legitimate son of one Khan Sahib Khushdil Khan. The Judicial Commissioner reversed this judgment and dismissed the plaintiff's suit.

(2.) The plaintiff was born in 1906. It is not disputed that he is the son of Khushdil Khan by Mussammat Babo. Various questions were raised in the case, but the only point remaining for determination in this appeal is whether the appellant is the legitimate son of Khushdil Khan, that depending upon whether Khushdil and Mussammat Babo were married persons.

(3.) In August and September, 1923, Khushdil had serious attacks of illness, accompanied by paralysis and aphasia, While still suffering from these diseases he, on April 2, 1924, executed a deed of gift by, as was alleged, making his thumb impression upon the deed after the provisions thereof had been carefully explained to and assented to by him.