Law:

Section:

Muhammadan Law-Gift of vested remainder-Not valid among Sunnis-Gift unaccompanied by possession-Donor may revoke at any time. A gift of a vested remainder is invalid so far as Sunni Muhammadans are concerned. B a Sunni Muhammadan gifted the suit land in the first instance in favour of his wife and on her death or re-marriage in favour of the plaintiff M. B did not part with possession of the land and later got mutation entry in respect of the gift cancelled. Subsequently B mortgaged the land to. A. On a suit by M for a declaration that the mortgage did not affect his vested interest in the land: Held that the gift made by B in favour of M was invalid according to Muhammadan Law. Moreover, as B had not parted with possession of the suit land he was entitled to revoke the gift at any time. Sardar Nawazish Ali Khan v. Sardar Ali Raza Khan L R 75 I A 62 ; Achiruddin Ahmad v. Sakina Bewa of another A I R 1946 Cal. 288 ; Abdul Wahid Khan v. Mst. Nuran Bibi (1885) L R 12 I A 91 ; Mst. Hameeda v. Mst. Budlun 17 W R 525 ; Umes Chunder Sircar v. Mst. Zahur Fatima (1890) L R 17 I A 201 ref. Banoo Begum and other v. Mir Abed Ali and others I L R 32 Bom. 172 dissinted from. JUDGMENT MUHAMMAD YAQUB ALI, J.---This appeal arises out of a suit filed by Mahram Khan appellant for a declaration that the mortgage of 1413 kanals 4 marlas of land situate in village Dhurnal, District Attock, effected by Baz Khan defendant No. 1 in favour of Aulia defendant No. 3 will not affect his vested remainder in it. His claim in the suit proceeded on the basis of a gift deed executed by Baz Khan on the 9th of January, 1951, whereby he bequeathed the suit land in the first instance in favour of his wife Mst. Bhag Bhari defendant No. 2 and on her death or re-marriage in favour of Mahram Khan plaintiff. The claim of the plaintiE was denied by all the defendants. It was urged that the plaintiff bad got his name fraudulently entered in the gift deed which was intended to be in favour of Mst. Bhag Bhari alone and as soon as it was discovered, Baz Khan had revoked the gift and got the mutation entered in respect of this transfer cancelled by the revenue officer. The validity of the gift was also…

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