SERAJUDDIN HALDAR Vs. ISAB HALDAR

JUDGEMENT

(1.) The property in dispute in the suit, out of which this appeal arises, belonged to one Pochai Haldar, the paternal grandfather of the plaintiff. The father of the plaintiff predeceased Pochai and the latter executed a heba-bil-ewaz in favour of the plaintiff, but the defendants, who are the other sons of Pochai, dispossessed the plaintiff, Thereupon this suit was instituted for recovery of possession of the property after establishing his right thereto.

(2.) The consideration recited ill the document was a Koran, rosary and prayer mat, but no evidence was adduced that any such consideration passed.

(3.) The learned Munsif held that, although the document could not take effect as a heba-bil- ewaz, it could be treated as a simple gift or heba and as the plaintiff was a minor under the guardianship of his grandfather, the donor, no acceptance by or transfer of possession to the minor was possible or necessary under the Muhammadan Law, a declaration of the intention to give being quite sufficient in such a case for a valid gift. The suit was accordingly decreed so far as the disputed property was concerned.