B.P.Jha, J. - (1.)The plaintiff Mt. Hashihan, daughter of Shaikh Nawab, filed a suit for partition claiming one-third share in the suit properties. Both the Courts negatived the claim of the plaintiff and dismissed the suit.
(2.)The short point for consideration is whether the plaintiff is entitled to one-third share in the suit properties? In my opinion, the answer must be given in the negative.
(3.)Shaikh Nawab died leaving behind Mt. Hashihan, plaintiff, and Jainuddin, defendant No. 1. Before his death, Shaikh Nawab executed a registered deed of gift (Ext. 1) in favour of the plaintiff and her son. In that deed, it was mentioned that she was given 1 bigha 10 kathas as her share to which she was entitled in partition. This is also the concurrent finding of both the courts below. It is for this reason that the plaintiff lost the suit in both the Courts.