MD.IBRAHIM Vs. MOSTT.ZARINA KHATOON

JUDGEMENT

(1.) Plaintiff is appellant. He filed suit for partition of his half share in the suit property detailed in Schedule 'A' to the plaint, claiming to be residuary of the property left by his sister Bibi Zafiran, wife of Haji Abdul Gafoor, on her death.

(2.) HAJI Abdul Gafoor was made defendant in the suit and after his death, his second wife, Mostt. Zarina Khatoon was substituted in his place. Defendant contested the suit on the ground that, in fact, suit property was purchased by the husband in the name of his wife Bibi Zafiran, who was Benamidar. She died on 2.7.1973, but the plaintiff was not entitled to any share therein, on her death. Defendant's further case was that subsequently on 2.2.1976 Haji Abdul Gafoor made a gift of the suit property to his second wife, namely, Zarina Knatoon.

(3.) AT the time of admission of this appeal, the following substantial question of law was framed: