Lord Thankerton:-

Their Lordships do not find it necessary to hear counsel for the respondents.

[2] Counsel for the appellant has based his appeal on two alternative grounds which are set forth in the reasons at the end of his case. The first one is: "Because the estate of the Khan of Garhi Habibullah is attached to his office." That is, the appellant's office. "Alternatively, because the Khan had made a complete gift of his estate to the defendant who is in possession of the estate by virtue of that gift."

[3] With regard to the first point, Mr. Khambatta agreed that unless he could call in aid the three Sanads referred to in the certified history which is on p. 33 of the 2nd part of the Record, where their Lordships find this: "They hold three Sanads of that time"-unless he had that then his case must rest on custom only, and that would be of no use to him now because of the recent Shariat law.

[4] With regard to the three Sanads it simply says: "They hold three Sanads of that time." Their Lordships will assume that they were grants from the Mogul rulers of the period. There is no evidence that those grants were in any way accepted or ratified by the British Government.

[5] Secondly,