1. This second appeal was referred to a Division Bench by one of us (Varadaraja Iyengar, J.,) before whom it came on in the first instance under the following order of reference:

"This case involves an important question of Mohomedan Law, viz., the extent of possession necessary to be given under a gift of property subject to a reservation of the usufruct for the life time of the donor and his wife, the donee being an invalid son already resident in the property. The case is therefore referred to a Division Bench."

2. Makkaru Mytheen, whose estate is in dispute died leaving behind him as his heirs, a widow - the third defendant, two sons - defendants 1 and 2, and two daughters - the plaintiffs 1 and 2. He owned no other property except the property scheduled to the plaint which consisted of a composite plot of garden and wet-land measuring 2 acres and 79 cents with trees and dwelling house besides. The 2nd defendant who was disabled in his limps was living along with his parents in the property. While so on 10.6.1118 Makkaru Mytheen executed Ext. II deed of gift in respect of the plaint entire property subject to certain terms and conditions detailed therein in favour of