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1981 Supreme(All) 502

S.J.HYDER
RASHID – Appellant
Versus
MST. BATULAN BIBI – Respondent


Advocates Appeared:
MUKHTAR AHMED, R.S.DUBEY, S.A.KAZMI, U.K.MISHRA

S. J. HYDER, J.


( 1 ) THIS appeal is sought to be supported on two grounds. In the first place it has been pressed upon me that the oral gift relied upon by defendant-respondents 1 and 2 was in effect a sale as it had been made in lieu of dower debt. It was urged that the alleged gift being of property of a value of more than Rs. 100/- is required to be registered and could not be taken into consideration in view of Section 54, T. P. Act. and Section 49, Registration Act.

( 2 ) IT is next submitted that the finding recorded by the court of appeal with regard to the alleged gift is perverse as it is not supported by any reliable evidence.

( 3 ) THE facts of the case lie in a narrow ambit. One Kadir left behind five sons including the plaintiff-appellants Rashid and Majid. Hamid was the third son who died issuless leaving behind a widow Smt. Batulan, who was impleaded as defendant 1. Mukhtar and Umar were the remaining two sons of Kadir. Out of them Mukhtar has been implead-ed as defendant 3. Umar had died earlier and his two sons Izharul and Hakim are defendants 4 and 5, respectively. The second defendant in the suit was Smt. Sadiqa Bibi. Plaintiff-appellants allege that the house i












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