A joint gift to two donees is valid under Mohammedan law, and the possession of one donee is a possession of other.

1. - This civil second appeal is directed against the judgement & decree passed by the Senior Civil & Assistant Sessions Judge Jaipur District, Jaipur confirming the judgement & decree passed by the Munsif Magistrate, Jaipur District, Jaipur in a civil suit for declaration and permanent injunction.

2. Mst. Vahidan and Sakuran, the plaintiffs-respondents, daughters of Kadar bux filed the suit on the allegation that their share in the property mentioned in para 1 of the plaint was gifted orally to them by their father Kadarbux about 14 years prior to the institution of the suit. The plaintiffs in pursuance to this gift took possession of the property. Now, defendants-appellants want to dispossess the plaintiffs from their possession. The gift was denied by the defendants. The case of the defendants was that Kadarbux had left for Pakistan and could not have gifted the property. The possession of the plaintiffs over one 'Tibara' and 'Sal' was alleged to be illegal having been taken forcible two months prior to the filing of the written statement. On the pleading of the parties, the following issues were framed:

"1- vk;k fookn xzLr 2 x`g dk frokjk o lky o ml ij pkSckjk ij eqn~nbZ;ku dk dCtk gS vkSj og ekfyd gSA bl vej dk gLrk{kj ikus ds vf/kdkjh gSA 2- vk;k oknh gqDe bErukbZ nokeh ikus dk vf/kdkjh gSA 3- vk;k izfroknh ua0 5 o 6 Qjhd xSj t:jh gSA 4- nknjlhA"

3. After the suit was decreed on 28th February, 1961, the first appellate court remanded the case for adding words, in issue No. 4. The suit was again decreed for the second time on 13th April, 1963. The appeal filed against the above decree by the defendant was dismissed.

4. Shri Dalip Singh, the learned Counsel for the appellant, has raised manifold grounds for challenging the finding of the appellate court. In order to have the valid gift, there should have been declaration, acceptance delivery of possession, argued Shri Singh. According to him, acceptance & delivery of possession of the gifted property has not been proved. It was then pointed out that there are more than one donee and the entire share could not have been gifted to only one as per the Mohammedan Law. Shri Singh, lastly, argued that daughters are residuary under the Mohammedan laws and sons are sharers. Since Kadarbux had five sons he should not have gifted the entire property.

5. Mr. R.S. Purohit, the learned Counsel for the respondents, has controverted the above submissions of Shri Singh. Shri Purohit has submitted that the question, whether the possession was given, and, whether the gift was made and acceptance is made, all are questions of fact. On such questions of fact no second appeal can be entertained.

6. It was then pointed out that both the courts, on a very comprehensive discussion of the evidence, have come to the conclusion that Kadar Bux gifted the property, the daughters accepted it and the possession was given to the daughters. It is was pointed out that even if these findings are erroneous on the appreciation of evidence, the same cannot be interfered with in second appeal. It was also pointed out that it is established law that, in case of joint property, a gift can be made jointly. It was again pointed out that the defendants are busy bodies and they have got no right to raise any objection so far as the gift is concerned, because the sons who are concerned persons never raised any objection.

7. I have carefully considered the submissions of the parties and have gone through the record, including material parts of the evidence, which have been read over by the parties. A gift in Mohammadan law is called as 'Hiba' Undoubtedly, Shri Singh pointed out that there are three ingredients of a valid 'Hiba', viz. (i) declaration for gift by donor, (ii) acceptance by the donee, and (iii) the delivery of possession. Equally, Shri Purohit is correct, when he asserts that all these three are questions of fact.

8. Shri Singh pointed out that there is no exactness about the time of gift as some one