Rajagopala Ayyangar, J.-

This second appeal has been referred to a Bench for the purpose of settling the question as to whether a Sunni Muslim in the State of Madras can create a life estate with vested remainder. In the view, however, which we are taking regarding the deed of settlement, Exhibit B-1 in this case, it is unnecessary to decide the question raised in the order of reference.

Defendants 4 and 5, who are the appellants in the second appeal, are the beneficiaries under a deed of settlement executed by one Fakir Moideen on 24th July, 1941. Two main questions have been raised as regards the validity of this deed quod items 4 and 5. They are (1) whether the deed on its proper construction creates a life interest in favour of the donees with the result that the same is avoided having regard to the settled rule of Muslim law against the creation of such partial interests and (2) whether the donees took possession of the property or whether no possession was transferred so that the gift is avoided under Muslim law. Though the trial court gave a finding that no possession passed after the execution of the settlement deed in July, 1941, there has been no finding by the appellate Co

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