Amjad Khan vs Ashraf Khan on 26 February, 1929
8. Mr. Amjad Nainar referred to page 46 and 47 of Mulla's Principles of Mahomedan Law, Sixteenth Edition. But a careful perusal of the same would show that the Author is not supporting the contention put forward by the learned counsel. After referring to the other decisions, the case reported in Amjad Khan v. Ashraf Khan, (1929) 56 Ind App 213: (AIR 1929 PC 149) is dealt with. Then in the last paragraph at page 47, the author referring to the above case of the Privy Council says that the said decision cannot be said to be proceeding upon the ground that the case was not one of hiba pure and simple.