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muddaserabbas
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Khan had voluntarily made the gifts in favour of his maternal grandchildren. It is preposterous to think that the grandchildren could exercise undue influence upon their grandfather. It is difficult to understand that a grandchild could dominate the will of a grandfather. Ordinarily it happens otherwise. The witnesses produced by the defendants are all disinterested and command a respectable status in the society. All of them have unanimously deposed that at the time of making the gifts Khan was in good health and perfect senses and that he understood the implications of what he was doing. The same contention was raised before the High Court where it was repelled and it was observed as follows:-- In our view, the plea that late Khan had lost his mental balance after the death of his daughter Mst. begum was manipulated by the appellants in order to make out a case in their favour.