Law:

Section:

(a) Muhammadan Law Hiba bil iwaz Deed not sustainable for want of consideration Can be treated as simple hiba. Where a document cannot be sustained as hiba bil iwaz for want of consideration, it can be treated as a simple hiba if the intention of the donor and the necessary elements of a valid hiba are present. Ismail Mussajee Mookerdum v. Hafiz Boo 10 C W N 570 (P C), Mst. Hanifunnisa and another v. Chaudhurain Mst. Faizunnisa 15 C W N 521 (P C) and Mst. Sardar Khatun v. Secretary of State and others A I R 1939 Sind 9 ref. (b) Muhammadan Law Gift Recital in deed of delivery of possession Conclusive and binding on heirs of donor. Where the deed of gift itself recites that the donor has given up possession of all his properties to the donee, such a recital is binding on the heirs of the donor. The word "binding" means that the heirs are bound by it. Even if it does not amount to estoppel, it throws a heavy burden on the donor or those who claimed through him to show that the statement was untrue or false. Mst. Sardar Khatun v. Secretary of State and others A I R 1939 Sind 9 ; Shaikh Muhammad Mumtaz Ahmed and others v. Zubaida Jan and others I L R 11 All. 460 and Mst. Jamilunnisa and another v. Shaikh Muhammad Zia 170 I C 824 rel. Jhumman v. Hussain and others 129 I C 161 distinguished. THIS JUDGMENT DELIVERED BY: CHOWDHURY, JUSTICE---.--- In this appeal the only question that was agitated before me is whether a deed characterised as hiba bil iwaz, having fallen through for want of consideration, can be treated as a simple hiba and, if it can be treated as such, then whether the recital in the document about the fact of delivery of possession by the donor to the donee of the subject matter of the gift, is conclusive or not. 2. The trial Court decreed the suit of the plaintiff for decla¬ration that the disputed hiba bil iwaz is void holding that the hiba bil iwaz in favour of defendant Saleh Meher Bibi, second wife of the donor Abdul Hai, failed for want of consideration, namely, that the defendant failed to prove the passing of the consideration, i.e., a holy Quran in lieu of which the gift was made. 3. On appeal by the defendant, the learned Subordinate Judge…

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