MT. SHAFI-UL-NISA Vs. MT. FAZAL-UL-NISA

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgment and decree passed by the Subordinate Judge First Class, Delhi, decreeing the plaintiff's suit for administration of the estate of one Ch. Inam Illahi deceased. On 25th July 1940, Ch. Inam Illahi made a registered deed of gift in favour of his daughter, Mt. Shafi -ul -Nisa and gave possession to her. This document was registered at the residence of the executant on the same day. On 3rd August 1940, Ch. Inam Illahi died, and the death certificate Ex. P -1, printed at page 35 of the printed paper book shows that he died of consumption -duration of illness being three months.

(2.) ON 2nd January 1942, the plaintiff, Mt. Fazal -ul -Nisa, who is a sister of the deceased brought a suit for administration alleging that Ch. Inam Illahi died possessed of property described in Sch. 'A', and that before his death he was under the influence of defendants his daughter and wife; that he was suffering from Maraz -ul -Maut (death disease) and that for about fifteen days before his death he was unconscious, and there one, all documents executed by him, including the deed of gift, Ex, P -1 mentioned above, were invalid, and as the gift was without the consent of the plaintiff who is one of the heirs, it was not valid. She also pleaded that she was entitled, because of the invalidity of the deed of gift, to have the estate administered and after payment of debts, to have the property divided amongst the heirs according to Mohammadan law. She prayed for the following reliefs:

(3.) ON 12th May 1943, the learned Judge decided the preliminary issue and on issue No. 3 he held that the suit could proceed. He then framed five other issues which were :