1. WAHIDUDIN AHMAD, J.-The dispute between the parties is in respect of land situated in village Tarkwal, Tehsil Gujarkhan District Rawalpindi. It was Owned by Muhmad son of Abdullah, who was a Mughal by caste and was governed by Customary Law. He died in the year 1908 without any issue.
2. On his death, one half of his estate was mutated in the name of his mother Mst. Ghulam Bi and the other half in the name of his widow Mst. Sharfo. Mst. Ghulam Bi died in the year 1946 and the portion of the property left by her was then mutated in the name of the widow Mst. Sharfo. In this way, Mst.
3. Sharfo succeeded to the entire property left by Mehmad, her husband.
4. On the 29th January 1958, Mst. Sharfo .Gifted away 1/4th share of the land in favour of petitioners Nos. 1 and 2. Respondents who are the collaterals of the last full owner, filed a suit on the 26th February 1958 for declaration that the alienation made by Mst. Sharfo in favour of the petitioners was against law and custom, without consideration and necessity and was ineffectual against their rights after the re-marriage or death of the donor Mst. Sharfo. The learned Civil Judge, Rawalpindi, by judgment dated the 9th December 1958, decreed the suit. The appeal filed by the petitioners was dismissed by the learned District Judge, Rawalpindi on the 30th May 1959.
5. Thereupon, the petitioners filed Regular Second Appeal No. 334 of 1959, before the High Court.
6. During the pendency of the appeal, Mst. Sharfo died and on an application her legal representatives, (a) Khuda Dad, (b) Nawab, and (c) Mst. Amiran, were of Ghulam Hussain, were brought on record.