V.V.BEDARKAR - (1.)This appeal involves point about an oral gift made by a Mahomedan and also an oral will. Some of the donees and legatees are actual heirs under the Mahomedan law while the one i.e. the plaintiff who has filed the suit is not.
(2.)The suit property belonged to one Shah Mohmed Noor Mohmed. He had four secs.(1) Ibrahim (appellant no. 1) (2) Usman (appellant no. 2) (3) Noor Mohmed (respondent no. 1s father who died during the life time of Shah Mohmed) and (4) Ismail. He had also one daughter named Kulsumbibi (appellant no. 3).
(3.)Plaintiff Noor Ahmed Noor Mohmed filed Civil Suit no. 3615 of 1973 on the ground that his grand father Shah Mohmed had made an oral gift for some properties which are mentioned in Schedule A to the plaint in favour of three appellants and respondent no. 1 (plaintiff). This oral gift is alleged to have been made on 1-4-1953. It was also his case that before going on pilgrimage to Mecca his grandfather also made an oral will in favour of all the four pertaining to the remaining immoveable properties. The trial Court did not believe the case of the plaintiff about oral will pertaining to properties mentioned in Schedule B and hence for that much the plaintiff (respondent no. 1) has filed cross-objections.