JUDGMENT : The appellant who was original defendant No. 1, is the widow of one Mahmadalli Ibrahimji who died on 08-10-1947. After his death, 5 persons filed a suit No. 31 of 1949 against 8 persons for administration of the properties of the deceased Mahmadalii Ibrahimji who was the uncle of defendant Nos. 1 to 5 (Sic) and maternal uncle of defendant Nos. 2 to 7.

2. The Civil Judge, J.D., Balasinar, granted a decree for administration and appointed a Commissioner to work out of the partition of the properties of the deceased amongst his heirs. In appeal, the learned Assistant Judge at Nadiad dismissed the appeal with a slight variation of the decree passed by the lower court. The variation was that the administration should be in respect of 2/3rd of 20 tolas of gold instead of 30 tolas of gold. The learned Assistant Judge also upheld the finding of the trial court that the sale-deed of a house by the deceased Mahamadalli executed by the deceased in favour of his wife defendant No. 1 was a sham transaction and that the house was therefore, available for administration.

3. Aggrieved by the order of the appellate court, the defendant No. 1, widow has now come in second Appeal and the fol

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