1. Mohd Sidiq Darel, the first respondent herein, filed a suit in the court of the Sub-Judge, Srinagar for partition of the suit property and for separate possession of 7/40th share in the said property. His case was that the suit property belonged to one Mohd Sufi and that after his death, his daughter Mst. Zooni inherited a 7/40th share in the said property. He purchased her share under a sale deed dated 28-4-1960 which was registered on 19-5-1960. By virtue of this purchase he was entitled to a partition of the suit property and for separate possession of 7/40th share in the said property which he had purchased from Mst. Zooni. Mst. Zooni who was impleaded as a defendant in the said suit remained exparte, but the brother of Mst. Zooni by name Ghulam Ahmad Sufi and others resisted the suit, on the ground that soon after the death of Mohd Sufi. Mst. Zooni had gifted her chare in the suit property by means of an oral gift in favour of her brother, Ghulam Ahmad Sufi who was impleaded as the first defendant in the suit. The said gift was made long prior to the execution of the sale deed by Mst. Zooni in favour of the first respondent herein. Mst. Zooni had therefore no title to he

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