ABBAS ALI SHIKDAR Vs. KARIM BAKHSH SHIKDAR

JUDGEMENT

(1.) In this suit the plaintiffs sued for recovery of certain land, which formerly belonged to one Asu Sikdar, on the ground that Asu Sikdar had given one quarter of the property to his wife, the 4 plaintiff in lieu of dower, and the remaining three-quarters to the first three plaintiffs by a hiba bil ewaz in consideration of a copy of the Koran. The Counts below have decreed the suit and the defendants appeal.

(2.) The first point taken is that the so-called hiba bil ewaz in favour of the first three plaintiffs is not a hiba bil ewaz at all, but a simple hiba or gift, and, therefore, was in effectual in the absence of any delivery of possession. We have, however, been shown no authority for holding that a copy of the Koran is not a valid consideration for a transfer of this nature and we think that the appellant's contention with reference to this document cannot be supported.

(3.) The next point taken is that the verbal gift to the 4 plaintiff is invalid. It is argued that it is either a gift or a sale or exchange. If it is a gift, it is invalid by reason of the fact that possession was not delivered. If it is a sale or exchange, it is invalid under the provisions of the Transfer of Property Act.