Law:

Section:

Civil Procedure Code (V of 1908) . O. XLT, r. 23 Remand (civil) No question brought under consideration by lower Court whether donor in present suit was gifted corpus of land by her husband so as to make her full owner and competent to make present gift Material issue, held, not decided¬Case remanded for redecision. [Remand of case]. JUDGMENT The facts of the case giving rise to this regular second appeal are that Niaz Ali was the owner of the property in dispute, who made gift of it to his wife Mst. Fatima Bibi. Niaz Ali had no male issue and bad three daughters, out of whom one Mst. Sardaran had died in his lifetime. Mst. Fatima Bibi gifted the property in dispute to Abdul Ghafoor by means of a registered gift deed dated 7 7 1954. The gift was challenged in a suit by her two daughters, namely, Gulzar Begum and Mst. Sharifan Begum. In the pendency of the suit Mst. Fatima Bibi died and her brother Abdur Rehman and sister Aisba Bibi were joined as plaintiffs because they also contested the gift. The gift was challenged on various grounds, that Mst. Fatima Bibi had no disposing mind, that she had made the gift under undue influence of the respondent and that the gift was the result of fraud practised upon her. It was also urged in the plaint that Niaz Ali created a trust and had not gifted the corpus of the land to Mst. Fatima Bibi therefore, she could not gift away the same to the respondent. This plea was brought under issue No. 9 which is "whether the donor was not competent to make the gift?" The learned trial Judge found the issue against appellant holding that if after the gift was made Niaz Ali asked Mst. Fatima…

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