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I N THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

SECOND APPEAL No. 321 OF 2006

Tamiz Hussain s/o Tayyab Husain

v.

Abdul Sattar s/o Sk. Gulab

_______________________________________________________________

Office Notes, Office Memoranda of Coram

appearances, Court's orders or directions

Court's or Judge's orders

and Registrar's orders

Mr.Tanveer Iqbal Advocate for the appellant.

....

CORAM: A.B. CHAUDHARI, J.

DATED : 29

^h OCTOBER, 2007.

Heard learned counsel for the

appellant.

Concurrent findings of fact

recorded by the courts below are put to

challenge in this second appeal. Both the

courts below have recorded a finding that the

appellant/plaintiff failed to prove ownership

over the suit property which was claimed

under the oral gift-deed alleged to have been

made by one Jamilabi. The trial court upon

appreciation of evidence dismissed the suit.

The appellate court in its judgment in para 16

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has held as under :

“I am very much afraid

whether the evidence of this material

witness satisfies the requirements of oral

gift of