Judgement

Appeal (No. 95 of 1925) from a decree of the High Court (July 7, 1924), reversing a decree of the District Court of Pegu (May 10, 1923).

The respondent brought a suit against the appellants claiming certain lands in the Pegu District, Burma, under a registered deed of gift executed on July 20, 1914. by her husband Shaik Mohideen, since deceased. The appellants were in possession claiming to be heirs of the deceased.

The appellants pleaded (inter alia) that the gift was invalid according to Mahomedan law, as possession had not been given under it, and that it had been revoked.

The material facts of the case, including the provisions of the deed of gift, appear from the judgment of the Judicial Committee.

Under a notification by the Local Government dated November 1, 1904, certain sections of the Transfer of Pro perty Act (IV. of 1882), including s. 123, but not including s. 129, had been extended to the Pegu District. The rest of the Act was not extended to Burma generally until a date later than that of the deed.

The District Judge held that the plaintiff had not established that possession was given to her, and that the gift was consequently invalid under Mahomedan law.