Law: Muhammadan Law

Section:

(c) Muhammadan Law Gift-Possession-General rule of Muslim law : Gift to be followed by delivery of possession-Objection to delivery of possession-May be taken by donor himself or by his legal heirs No value can be given to objection made by third person.-[Posses sion].                                                                                                                           JUDGMENT This is a second appeal by the plaintiff-appellant against the judg ments and decrees of the Lower Courts whereby the suit for cancellation of a gift-deed of the suit property was dismissed. The suit in this appeal relates to the validity of the transfer of the gifted property consisting of agricultural land measuring I1 kanals and 3 marlas under Surveys Nos. 205 and 236 and a house measuring 4 marlas under Survey No. 206-min situate in village Banala, Tehsil Nakial, District Kotli, made by Kala Khan respondent to Jan Muhammad respondent. It was contended by the plaintiff appellant in his suit that as the property in suit was ancestral one no gift of the same could legally be made as against the rights of the plaintiff-appellant because he as well as the donor are the descendants of a common ancestor Noor Khan by name. The custom etc., was pleaded as a bar to the transfer of the property be way of gift and it was further added that as possession of the property gifted away was not delivered to the donee, no validity could be attached to the deed of gift for want of delivery of possession. Furthermore, it was also prayed that a perpetual injunction may also be granted refraining the defendants from interfering with his possession of the suit property. The defendants, viz. donor and donee both resisted the suit and asserted that Kala Khan donor-defendant was an absolute owner of the property in suit and there was no restriction imposed by law to it so as to invalidate…