Harnam Singh, J.

1. Dr. Saif-ur-Rahman owned 60 ordinary shares of the Delhi Cloth and General Mills Company Limited, Delhi, hereinafter referred to as the Company.

2. On the 23rd of November 1936, the Company registered the sixty shares mentioned above in favour of Mohammad Hussain defendant No. 1 on the basis of a deed, of transfer executed by Dr. Saif-ur-Rahman in favour of Mohammad Hussain defendant No. 1 on the 20th of November 1936.

3. On the 30th of October 1944, Pida Hussain son of Rahmat Ullah instituted Civil Suit No. 202 of 1944 alleging that he was the owner of thirty shares under the Customary Law of Inheritance governing the parties and that the transfer of shares in question by Dr. Salf-ur-Rahman to favour of defendant No. 1 was under undue influence, coercion and fraud. In para. No. 2 of the plaint Fida Hussain pleaded that Dr. Saif-ur-Rahman did not sign the deed of transfer and that if it was proved that Saif-ur-Rahman signed the deed ot transfer the contract was void on account of fraud, coercion and undue influence. Mohammad Hussain defendant No. 1 and Rahmat Ullah father of Pida Hussain plaintiff were sons of Dr. Saif-ur-Rahman. Of them Rahmat Ullah pre