Law: North West Frontier Province Muslim Personal Law (Shariat) Application Act, (VI of 1935)

Section: 27

Law: Law and Justice Regulation (VII of 1901)

Section: 3

JUDGMENT

The disputed property was in the ownership of Muhammad Aslam Khan son of Ahmad Khan. In respect of this property a deed, showing its transfer by the said Muhammad Aslam Khan by way of gift; in favour of his sisters Mst. Roshan Jan and Mst. Nabi Begum, defen dants Nos. 1 and 2 was executed on 12-8-1966. This deed, after the condo nation of delay, was subsequently got compulsorily registered on 2-8-1967 as Muhammad Aslam Khan had not appeared before the Sub-Registrar and the Registrar. On 15-4-1972 Muzaffar Khan brought the declaratory suit out of which the present petition arises. He imp1eaded his brother Attai as pro forma defendant No. 3 and claimed that the gift deed said to have been executed by Muhammad Aslam Khan in favour of defendants Nos. 1 and 2 is void, illegal and not binding on him and defendant No. 3 and that the legal rights of the presumptive heirs of Muhammad Aslam Khan including the plaintiff and defendant No. 3 were intact. An injunction was sought against defendants Nos. 1 and 2 from interfering with the disputed property on the basis of the aforesaid gift deed.