Law:

Section:

Muhammadan Law--- ----------Mushaa, doctrine of -Renders gift only irregular and not void-­Gift accompanied by physical possession-Not hit by doctrine of mushaa for being made without partition of joint khata--Very fact of petitioner's predecessors having been obliged to sue for pos­session of land---Indicated donor having parted with land.---[Gift]. JUDGMENT MUHAMMAD GUL, J.---By means of a registered deed dated 21-9-1956 Mst. Ha6zau Bibi gifted land measuring 50 kanals, 13 marlas situate in Mohra Sheikhan, Tehsil Gujar Khan to the three respondents herein describing them as her grand-sons (being sons of donor's predeceased son Sardar Khan). The land formed part of a khata jointly owned by the donor and others. The donor died on 1-7-1957. After her death Noor Ali and Fatah Ali sued for the avoidance of the gift and for joint possession of the land on the allegation that being collaterals of the donor's husband, the gift was ineffective as against their right of inheritance to the donor's deceased husband. They denied that the donor was possessed of disposing mind at 'the time of the gift: they also denied that the donees were grand-sons of the donor. All these allegations were contested and denied by the respondents. The learned trial Judge vide judgment dated 13-2-1962 held that the donees were grand-sons of the donor and as such were her lawful heirs and that therefore the two plaintiffs had no locus stands to sue. On merits the trial Court held that the donor was possessed of full disposing mind. The above findings were upheld by the learned District Judge on appeal by the two plaintiffs and by the High Court in second appeal vide judgment dated 20-6-1975 against which the petitioners now seek leave to appeal. During…

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