BIBI SHARIFAN Vs. SHEIKH SALAHUDDIN

JUDGEMENT

(1.) This appeal raises a nice and interesting point of law relating to Mahometan. Law. The question is, whether a Mahomedan can transfer his occupancy holding by an oral gift?

(2.) This appeal by the plaintiff is from the judgment of Mr. Chaudhary Sia Saran Sinha, who was then Third Additional Subordinate Judge at Patna, decreeing in part the plaintiffs suit for partition in respect of a portion of the lands described in schedule 3, and, dismissing her claim for partition in respect of the lands described in schedule 4 of the plaint.

(3.) The parties to the suit are all Mahomedans, governed by the Sunni School of Muhammadan Law, being descendants of their admitted common ancestor, Mosahib All. The relationship between the parties will appear from the following genealogy, as found by the court below and which finding has not been challenged in the appeal before me: GENEALOGY Mosahib Ali | ------------------------------ | | Sons Daughter | | ---------------------- Sharifan | | | plaintiff Amrudin Eltaf Hus- Jannat Died July sain died Hussain 1946 widow near about Died before Bibi Kha- 1928 widow- 1946 widow toon, Defen- Bibi Amiran Raflan De- dant 2. (dead) fendant 8. | son. Salahuddin Defendent 1. The lands in suit, which are 28-19 Acres, are, admittedly kaimi Nakdi raiyati Kasht lands, besides orchards and houses.