Bihar Tenancy Act, and, (ii) that it also offended the law of Mushaa.
14. In support of his first ground of attack, it was contended ... regards the second ground of attack, based on the doctrine of Mushaa, Mr. Saghir, in support of it, relied on Sections
name. The gift deed was also contrary to the Doctrine of Mushaa and hence not valid. A claim was also made in respect ... also denied. The gift also was not contrary to the Doctrine of Mushaa, The appellant is not liable to render any accounts nor are there
stated in the plaint? Is it affected by the doctrine of Mushaa?
Issue (6): Is the plaintiff an illiterate pardanashin woman? Had she executed ... case was that the Hebanama was affected by the doctrine of Mushaa. The finding arrived at by the Judge in the Court below which
Mulla 17th Edition. It is stated:
"159. Gift of mushaa where property indivisible. A valid gift may be made of an undivided share (mushaa ... property which is not capable of partition.
160. Gift of mushaa where property divisible. A gift of an undivided share (mushaa) in property which
which is as follows :
206. Hiba of undivided property (hiba-bil-mushaa)
Subject to the provisions of Sec. 207 a hiba of an undivided
share ... freehold property in a large
commercial town (c)
For Hiba-bil-Mushaa, it is settled principle of Muslim Law that
gift of undivided share
which is as
follows :
206. Hiba of undivided property (hiba-bil-mushaa)
Subject to the provisions of Sec. 207 a hiba of an undivided share ... freehold property in a large commercial town
(c)
For Hiba-bil-Mushaa, it is settled principle of Muslim Law that gift of
undivided share
deed of gift was also invalid by reason of the doctrine of Mushaa inasmuch as it was a gift of an undivided share in property ... invalid by reason of non-delivery, and also under the doctrine of Mushaa. The rule of Mahomedan law is with certain exceptions with which
appellant that the wakf was invalid because it was a wakf of Mushaa for a mosque.
7. Now, a wakf of Mushaa is a wakf ... opinion of Abu Yusuf, who held that (the wakf of Mushaa) was lawful, and this is approved." As to the
dedication of a share
that the doctrine relating to the invalidity of gifts of mushaa is wholly unadapted to a progressive state of society and ought to be confined ... gift in favour of an adult and an infant, there was mushaa or confusion; and secondly, that there was no valid acceptance of the gift
that objections taken on appellant's behalf on the ground of mushaa or confusion of the subject of gift and for alleged want ... possession.
7. The next objection taken on appeal is that of mushaa or confusion as regards the subject of gift. It is true that there
