Law: Muhammadan Law

Section:

Muhammadan Law--- ---"Gift --Kinds---Gift means donation of a thing from donor to donee without any exchange i.e. transfer of property without consideration---Gift would be of two types firstly Hiba pertaining to corpus of property and secondly, Hiba pertaining to Aariat which is transfer of some limited interest and benefit/usufruct of donated property which would be for a limited time---Gift pertaining to corpus of property would have all the three, elements i.e. declaration, acceptance and delivery of possession---Any condition attached to gift would be void while gift would be valid---Life grants and life interest, are not recognized by Hanafi School of jurisprudence---Where deceased had transferred corpus of property to donee and admitted the same before Revenue Officer at the time of mutation that he had also given possession of the same to donee, gift was complete and condition attached thereto, that it was for life term, was not valid---Heirs of donor had been treating donee as owner on basis of gift and did not object to consolidation of the same when it was allocated to heirs of donee (respondents)---Evidence on record clearly indicated that gift related to corpus of property and not to its usufruct. Mahomedan Law by D.F. Mulla, para. 164 Sec. 164; Ameer Ali on Mahammadan Law; Nawab Amjad Ali Khan's case (1867) II.Moo. IA. 517; Hedaya, `Gifts', Vol. III, Book XXX, pp. 294, 307; Khan Bibi v. Safia Begum . PLD 1969 Lah. 338; Outlines of Muhammadan Law, 3rd Edn., 1964, pp. 234 to 256; Fateh Muhammad v. Nathu 1982 CLC 2082; Farid v. Nur Bibi PLD 1970 Lah. 502; Kazim. v. Muhammad Iqbal PLD 1987 Pesh. 152 and Kaneez Bibi v. Sher Muhammad PLD 1991 SC 466 rel. Nawazish Ali Khan v. Ali Raza Khan AIR 1948 PC 134 ref. Ch. Muhammad Ashraf Wahla for Petitioners. Rana Ejaz Ahmad Khan and Raja Shafqat Mahmood for Respondents . Dates of hearing: 2nd and 3rd July, 1995 JUDGMENT Dispute, in this Revision Petition, pertains to agricultural land measuring 200 Kanals in Square No. 27, Killa Nos. 1, 10, 11, 20, 21, Khewat Nos. 61/14, 62/14, 68/14, 64, Khatoni Nos. 157, 158, 159, 160, 161, 162, 163, 164, 184, 165, Square No. 28, Killa Nos. 2, 3, 8, 9, 13, 18,…