( 1 ) IBNE Hasan appellant instituted a suit against Latafat Husain and Musammat Mehtab (wife of Latafat Husain) on the allegations that the disputed house bearing municipal number 1676 situated in Bhind was his property, but the first defendant executed a gift deed in favour of the second defendant on 1-2-1951 in respect of the northern portion of the house, which gift was void and ineffective as against the plaintiff. After disclosing the source of his title the plaintiff claimed decree for declaration of Ms title, for possession and for cancellation of the gift deed. During the pendency of the suit Latafat Husain died.

( 2 ) THE defence was that the plaintiff was the owner only of the southern portion, which had been given by way of gift, but not ot the northern portion. Both the Courts dismissed the plaintiff's suit on the ground that at no time had possession been delivered of the northern portion to the plaintiff, nor was there any registered sale deed in his favour.

( 3 ) IT Is an undisputed fact that after the gift of 1931 of the southern portion, when Ibne Husain started construction of the house one Banarasi Das came in his way and on the basis of a mortgage deed Ex. P. 1

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