SAYAD NAHANNU PACHHASAHEB Vs. SABINIBIBI

JUDGEMENT

(1.) We think that in this case there can be no doubt, speaking for myself I am sorry that it is so, because it is with some reluctance that we come to the conclusion that the defendants 1, 2 and 3 must be turned out of property in which doubtless they honestly believed they have, and in fact perhaps have been exercising, rights. The law appears to us to be clear against them.

(2.) The material facts are that the porosities one Mahomed saheb, who originally owned this property, gave it to his wife Sabinibi as dower, somewhere about the year 1829. Of that gift there is no direct evidence, but there were judicial proceedings in 1862, in which the gift was brought in question and appears to have been recognized. Again speaking for myself I entertain considerable doubt whether a judgment in such a proceeding could be evidence.

(3.) The learned Judge below, without going very far into this question, was clearly satisfied that in fact Mahoraedsaheb did make a gift of this property to his wife Sabinibi, though he entertained his own opinion of the conditions under which the gift was made and its true character.