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1936 Supreme(All) 319

Mt. Kulsum Bibi – Appellant
Versus
Bashir Ahmad – Respondent


JUDGMENT

1. The facts of this case are on all fours with those of Mt. Kulsum Bibi Vs. Shiam Sunder Lal and Another, AIR 1936 All 600 which has been already disposed of by this Bench. It appears that, the property in dispute was attached by a creditor, named Mussaddi Lal, respondent in that appeal, and also by Bashir, respondent of the present appeal. The appellant, Mt. Kulsum Bibi, the widow of the-judgment-debtor Habib Baksh, objected; on the ground that the property had been, given to her by her husband in lieu of her dower amounting to Rs. 21,000 and that it did not form part of the assets of the deceased. The decree-holders in two separate cases pleaded that Habib Baksh. had not, in fact, made any gift in favour of his wife and that, in any case, the gift, being in fraud of his creditors was void. The objections were dismissed. Mt. Kulsum Bibi came to this Court in appeal, and the case was remanded with a direction that the following two issues be determined and the cases disposed of in accordance with the findings thereon : (1) Did Habib Baksh make an oral gift in respect, of the houses in question in favour of Mt. Kulsum Bibi in lieu of her dower, as alleged by her, and whethe

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