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1957 Supreme(Pat) 56

K.SAHAI
Noor Zaman Khan – Appellant
Versus
Mt. Maimunnissa Bibi – Respondent


Judgment

K.Sahai, J.

1. The facts which are no longer in dispute in this case are as follows:-

- One Musammat Afzul Bibi obtained a decree for Rs. 465/- on 1-12-1848, against respondents Nos. 3 to 5 of this Court. On 11-1-1850, she executed the decree in Execution case No. 22 of 1950. On 3-2-1950, she made a gift of eight annas of her properties including the decide, in favour of her two daughters, who are respondents Nos. 1 and 2 in this Court.

On 8-2-1950, Musammat Afzul Bibi made a gift of the remaining share of her properties, including eight annas of the decree, to her son, Noor Zaman Khan, the appellant in this Court. On 5-5-1950, Execution case No. 22 of 1950 was dismissed on part satisfaction as respondents Nos. 1 and 2 certified payment of the decree to the extent of their eight annas interest which was gifted to them by their mother, Afzal Bibi.

On 18-2-1951, Afzul Bibi cancelled the gift in favour of the appellant. On 11-7-1951, she died. On 29-8-1952, the appellant (sic) a petition for execution of the remaining (sic) annas of the decree on the ground that he was entitled to the entire remaining decree on the basis of the gift made in his favour by his mother. He did not
















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