Judgement

Consolidated Appeal (No. 125 of 1926) from two decrees of the Court of the Judicial Commissioner (December 2, 1924) varying a decree of the Subordinate Judge of Bara Banki.

The main questions for determination on the appeal related to the construction and legal effect of a deed of gift dated January 17, 1894, executed by a Sunni Mahomedan in favour of his wife.

The terms of the deed and the facts of the case appear from the judgment of the Judicial Committee.

The Subordinate Judge held that there had been a delivery of possession to satisfy Mahomedan law, the donor having managed the properties as agent for the donee. He construed the deed as giving the donee an absolute estate in one-third of the property, but not more than a life estate in the rest.

Both parties to the suit appealed. The learned Judicial Commissioners differed on the question whether there had been a sufficient delivery of possession; they agreed in holding that the intention of the donor was to give a life interest, but they differed as to the validity of such a gift under Mahomedan law. As, however, they agreed that the donee had no heritable interest in the property, the plaintiffs appeal was dismiss