Dr. Y.S. Chen, Appellant v. Batulbai, Respondent.

...Muslim Law - Gift - Question of delivery of possession of subject to donee - Gift of suit house made in favour of plaintiff by her mother - Tenant paying rent to plaintiff and recognised her as landlady - Tenant, being a stranger cannot challenge validity of gift on question of possession.

According to Mohammedan Law the question whether possession of subject of gift has been delivered by the donor to the donee is relevant only when an issue is raised between the donor or those claiming under him on one side, and the donee or those claiming under him on the other. As stranger cannot invoke the rule that gift is bad because there has been delivery of possession. Thus, where suit house was gifted to plaintiff by her mother and defendant-tenant had been paying rent to the plaintiff and recognised the plaintiff as his landlady, objection as to validity of gift could not be raised by tenant on question of possession.

(Source: AIR 1991 Madhya Pradesh 90)