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KHURSHID AHMED versus ZEENAT BEGUM


Section 39 The donor's dismissal case filed by Donor appeared seven days after his execution, and Donor (when he was alive) appeared as a witness and denied the gift death trial court's ruling. The appellate court did not present any evidence of the same justification available on record regarding the donor's intention to declare a gift. It did not explain why the donor, in the presence of his wife and son, gave a gift in favor of the defendants. The defendants had neither served the donor nor had such close relations with the donor for which they preferred their wife and son. It may be that the defendants had failed to prove that there was no reason to lose ground to his wife and son to the donor. And this gift was a result of the donors' free consent and not their influence. Neither the author of the gift nor any of his marginal witnesses appeared before the court to prove his execution were the common words in the gift proceedings which were conveyed to the defendants in the possession, when in fact they were already donor gift dead. In such a situation, the tenants were in possession, it should be noted that the defendants already retain possession because the tenants will now retain as owners. The fact is that the defendants were not transferred on the basis of fact. The gift process, however, was retained as the tenant of the Donor Appellate Court rightly separated the gift process.

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