JUDGMENT

1. The plaintiff filed a suit on the 11th of April 1921, for a declaration that Mt. Usmani Begam had no right to make a gift of a share in a house, which belonged to the plaintiff, in favour of her son, Qurban Ali, and that Qurban Ali was not entitled to resist execution of a partition decree which the plaintiff had obtained for his share of the house against Usmani Begam.

2. The plaintiffs' case is that the house belonged to his father Irshad Husain, and that a share of 7/16ths devolved upon him by inheritance. Usmai Begam in execution of a money-decree against Mt. Mumtazunnissa (the widow of Irshad Husain and mother of the plaintiff) got the whole house put to sale and purchased it herself. The date of the sale was the 29th November 1904, and the sale was confirmed on the 2nd February 1905. On the 13th March 1916, the plaintiff Sajjad Husain brought a suit for possession of his share in the house by actual partition against Mt. Usmani Begam and his brother Ikram Husain. He obtained a final decree for partition on the 30th March 1917. In execution of the decree Qurban Ali, Defendant No. 1, the son of Usmani Begam,resisted the execution proceedings claiming that he was the s