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1974 Supreme(Bom) 151

M.N.CHANDURKAR
HAYATUDDIN HAJI SHUJAUDDIN – Appellant
Versus
ABDUL GANI ABDUL HAFIZ – Respondent


JUDGMENT-This is a plaintiff's appeal challenging the dismissal of his suit for a declaration and injunction that he was lawfully in possession of house property in suit in pursuance of a gift deed dated 10-6-1952 executed in his favour by one Rashidbi and Amnabi. The suit was decreed by the trial Court but was dismissed by the first appellate Court. One Lalmiya had admittedly two wives, Rashidbi and Makboolbi. One Mahaboobbi also claimed to be Lalmiya's wife. Lalmiya had a sister Amnabi. He died in 1948 leaving behind the house property in dispute. Amnabi, Rashidbi and Makboolbi admittedly succeeded to the estate of Lalmiya. Amnabi got 12 annas share and the two widows, Rashidbi and Makboolbi got 2 annas share each. Amnabi and Rashidbi executed a gift deed in favour of Hayatuddin on 10-6-1952. The recitals in the said gift deed (Ex. P.4) show that they were gifting their house property valued at Rs. 1,000 to Hayatuddin. The description of the property recited in the gift deed shows that according to the donors a part of this property was already separated and handed over to Makboolbi on account of her share in the estate of Lalmiya. The gift deed also recites that the property gif


















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