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Musammat Hanif-un-nisa Vs. ChaudhraIn Faiz-un-nisa - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtMumbai
Decided On
Judge
Reported in(1911)13BOMLR391
AppellantMusammat Hanif-un-nisa
RespondentChaudhraIn Faiz-un-nisa
Excerpt:
evidence--extrinsic evidence--document--evidence admissible to show that a document purporting to be a deed of sale is in reality a deed of gift.;extrinsic evidence is admissible for the purpose of showing that a document, which purports to be, and on the face of it is, a deed of sale is in reality a deed of gift.;faiz-un-nisa v. hanif-un-nisa (1905) i.l.r. 27 all. 612, reversed. - macnaghten, j.1. their lordships think the decree appealed from cannot be sustained. they are of opinion that the proper course will be to remit the cases to the high court to be dealt with on the evidence, and they will humbly advise his majesty accordingly. the costs of the further hearing will be costs in the cause. as the appellants have been successful upon the point of law, they will have their costs of the appeal incurred in england.
Judgment:

Macnaghten, J.

1. Their Lordships think the decree appealed from cannot be sustained. They are of opinion that the proper course will be to remit the cases to the High Court to be dealt with on the evidence, and they will humbly advise His Majesty accordingly. The costs of the further hearing will be costs in the cause. As the appellants have been successful upon the point of law, they will have their costs of the appeal incurred in England.


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