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TMI Blog1921 (4) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... xecuted a heba-bil-ewaz in favour of the plaintiff, but the defendants, who are the other sons of Pochai, dispossessed the plaintiff, Thereupon this suit was instituted for recovery of possession of the property after establishing his right thereto. 2. The consideration recited ill the document was a Koran, rosary and prayer mat, but no evidence was adduced that any such consideration passed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ewaz. Mr. Justice Mahmood pointed out in the case of Rahim Bakhsh v. Muhammad Hasan 11 A. 1 : (1888)A.W.N. 266 : 13 Ind. Jur. 152 : 6 Ind. Dec. (N.S.) 429 (P.C.) that a heba-bil ewaz is a transaction made up of mutual or reciprocal gifts between two persons, each of whom is alternately the donor of one gift and the donee of the other; Such incidents of a heba-bil ewaz differ no doubt from those of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents that a deed of sale cannot be treated as a died of gift because the document recites a consideration. But in the case of Ismail Mussajee Mookerdum v. Hafiz Boo 10 C.W.N. 570 : 3 A.L.J. 353 : 3 C.L.J. 484 : 8 Bom. L.R. 379 : 16 M.L.J. 166 : 1 M.L.T. 137 : 33 C. 773 : 33 I.A. 86 (P.C.) notwithstanding that a transaction purported to be a sale and a price was mentioned in the conveyance, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M.L.J. 1126 : 8 I.A. 85 (P.C.) the Judicial Committee reversed a decision of the Allahabad High Court which held that the defendants were precluded by the provisions of Section 92 of the Indian Evidence Act (I of 1872) from giving parol evidence for the purpose of showing that a deed of sale was in reality intended by the executant to be a deed of gift, and the case was remanded to the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o as a heba. We think, in all these circumstances, that the case should go back in order to give the plaintiff an opportunity of adducing evidence to show that there was consideration for the heba-bil-ewaz. No evidence is necessary in the present case upon the question of delivery of possession. Even if the document is not valid as a heba-bil-ewaz, the Court will consider whether it can be treated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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