MARZINA BIBI Vs. MUSST ANJUMAN BIBI

JUDGEMENT

(1.) In this appeal from an appellate decree and in the revisional application in the alternative the point that arises for consideration is as to what is the true legal effect of a life interest created by a Deed of Settlement dated March 11, 1944, in favour of two of the Settlees. The two courts below have differed in their views. The trial court held that the settlement amounted to a gift, the stipulation that it would be limited to the life of the Settlees is a condition which derogates from the absoluteness of the gift and such a stipulation being unknown in Mahomedan Law, the gift would prevail though the stipulation is void. The court of appeal below however held to the contrary that there was no bar to the creation of a life estate under the Mahomedan Law so that under the settlement the Settlees got the lands for enjoyment during their lifetime and not beyond that.

(2.) To appreciate the real dispute between the parties and decide the point raised in this appeal it would be necessary to refer to the facts in the background which may be stated shortly as follows.

(3.) One Aduri Bibi by a registered Deed of Settlement dated March 11, 1944, settled the disputed lands in favour of two ladies, namely, Sm. Sarijan Bibi and Sm. Amena Bibi for their life. The settlement provided that on the death of the Settlees the lands would revert to the estate of the Settlor and to its possession. The Settlement also provided that the Settlers would have no right to transfer or encumber the lands in any manner. In the revisional survey records the lands were recorded in the name of the two Settlees, as foresaid.