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1937 Supreme(Cal) 299

Abdur Rauff – Appellant
Versus
Mt. Aymona Bibi – Respondent


JUDGMENT

1. This is an appeal in a suit for partition and accounts. The plaintiff in the suit, the respondent in this Court, claimed partition of properties on declaration of her title to the same which she asserted she had inherited from her father, Sheikh Ramjan Ostagar, who died on 7th November 1932, leaving the plaintiff and her step-brother, appellant in this Court, defendant in the suit in which this appeal has arisen. The plaintiff's case was that two deeds of gift and a wakfnama said to have been executed by her father on 4th September 1929 were invalid, void and ineffective in law. One of the two deeds of gift it may be noticed was in favour of the plaintiff herself, while the other was in favour of the defendant; the wakfnama purported to be for religious and charitable purposes and for the maintenance of the settlor and his descendants. The deeds of gift and the wakfnama were according to the plaintiff absolutely fraudulent and fictitious documents, and were not acted upon or intended to be acted upon and there was never any change in the character of the management of the properties or their possession even after the dates of the aforesaid deeds or at any time thereafter

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