ORDER

Before the Trial Court it was admitted that the suit land measuring 41.5 decimals was homestead land and several houses of phoos (thatch) and tiles were constructed thereon, which were in occupation of the plaintiff-respondent since long, even prior to the gift Ex. 1 executed in her favour by her father-in-law. Since the parties were Mohammedans, an oral gift by a father-in-law to his daughter-in-law was permissible but here was one which was written but not registered. It could not, in any event, be said that in presence thereof there was no oral gift. Significantly, it was followed by possession making the gift complete and that is the finding of all the three courts below.

2. The debate before the High Court centered round the erroneous premise that the gifted property was agricultural land to which the provisions of the Bihar Tenancy Act, 1885 as also the Bihar Land Reforms (Fixing of Ceiling Area and Acquisition of Surplus Land) Act got attracted. Even so, taking into account those provisions, the High Court came to the conclusion that the oral gift made by a Mohammedan would prevail over the provisions in the tenancy laws, which required occupancy rights to be transfe