Alfred Henry Lionel Leach, C.J.

1. The question here is whether a deed of gift of immovable property executed by one Ameena Bi on the 9th October, 1929, in favour of her niece, the third defendant in the suit, is valid according to Muhammadan law. The validity of the gift is challenged by the donors sister, Mahaboob Bi, who claims to be entitled to a half share in the property covered by the deed. The appeal arises out of a suit filed on the original side of this Court by Mahaboob Bi for a declaration of her title and the possession of the share claimed by her in the property. The suit was tried by Somayya, J., who found the questions of fact in favour of the donee, but he granted the relief claimed by the plaintiff largely on the ground that Ameena Bi had not received independent advice before entering into the transaction. The third defendant has appealed. Before entering upon a discussion of the evidence it may be mentioned that the plaint contained an allegation of fraud, but the idea of fraud is negatived by the judgment under appeal and has not been suggested in this Court. The learned advocate for the plaintiff-respondent has been compelled to rest his case on the fin