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1974 Supreme(Bom) 91

B.A.MASODKAR
ABDUL HAFIZ BEG – Appellant
Versus
SAHEBBI – Respondent


JUDGMENT - The original defendants Nos. I and 2 have filed this second appeal against the concurrent findings of the Courts below that the deed of gift dated February 3, 1956, produced at Exh. D-3, was made during the death-illness and as such is not binding on the interest of the plaintiffs.

2. Certain facts are not in dispute. The donor one Abdul Kadar Beg died on February 4, 1956. Plaintiff No. 1 sahebbi is his widow, while plaintiffs Nos. 2 to 5 are his daughters. Defendants Nos. 1 and 2 are the sons of Abdul Habib Beg. Abdul Habib Beg died in 1952. Under Exh. D-3, i. e. the gift, Abdul Kadar Beg, who was aged about 80 years of age, purported to gift away the properties, being field properties, at mouza Paoni, mouza Chendkapur, mouza Yenoda and mouza Wali and house property at mouza Paoni. There is a recital that the donee were placed in possession under the deed itself. Thus considerable property was affected by this document. It is not in dispute that though this document purports to have been written or scribed on 2nd of February 1956, it was actually registered on the next day by getting Registrar to the place where Abdul Kadar Beg was residing as he was unable to go out of




































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