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(5) Before taking up these contentions of Miss Shah, at the outset, I would dispose of one contention which was raised by Mr. Parghi. Mr. Parghi argued that the finding of both the Courts as regards the validity of the gift deed Ex. 41 executed by Bai Manba in favour of defendants 2 and 3 in respect of the equity of redemption of the suit lands was a patently erroneous finding. Mr. Parghi sought to contend that under the Muhammadan Law a gift of equity of redemption was a void gift because the essential condition of delivering of possession could never be complied with in case of the gift of mere equity of redemption as the possession would be with the mortgagee. This argument proceeds on the footing that Manba was a Muslim convert. There is nothing on the record to show this fact and in any event, unless there was a pleading to that effect, which would bring this fact in issue, the question could not be decided on any such hypothetical assumption at the stage of this second appeal. Therefore, the finding of both the Courts that the gift deed, Ex. 41, was valid and cannot be assailed at this stage Mr. Parghi has also not challenged the concurrent finding of facts of both the Courts that possession had remained with defendants 2 and 3 and that the plaintiff had not obtained possession of the suit lands as contended by him.