JUDGMENT

Collister, J. - This is a plaintiff's appeal which arises out of a suit for the cancellation of a deed of gift which was executed by the plaintiff's sister, Mt. Aliman, now deceased. on 3rd May 1932, in favour of her husband who is the defendant in this suit on the ground that it was void and ineffectual. The subject matter of the gift was a 7/32 share in six houses and three pieces of land. The plaintiff alleged inter alia that the deed of gift was executed at a time of Marzul-maut, that no possession was given as required under the Mahomedan law, and that the deed of gift was also invalid by reason of the doctrine of Mushaa inasmuch as it was a gift of an undivided share in property which was capable of division. The trial Court dismissed the suit and that decree has been confirmed by the lower appellate Court. Learned Counsel on behalf of the plaintiff-appellant pleads before us that the deed of gift was invalid by reason of non-delivery, and also under the doctrine of Mushaa. The rule of Mahomedan law is with certain exceptions with which we are not concerned that a gift of an undivided share in property which is capable of partition is invalid but not void; the gift be