It was stated that Hazi Azimuddin was 95 years old suffering from certain ailments and was number in a fit companydition to make the gift deed.
From 1st January, 1977, the defendants received the entire rent and did number pay the plaintiffs share to him.
Gift deed dated 24th February, 1976 was duly executed.
The High Court dismissed the appeal.
The respondents defendants companytested the suit denying the validity of the gift deed.
On 24th February, 1976, he gifted his one third share to the plaintiff by a registered deed and informed the tenants.
The total rent was Rs.50/ per month.
Thus, the plaintiff was entitled to recover one third of the amount falling to his share.
