Mahomed Abdulla Jitaker vs Abdul Rehman Jitaker
The chief contention in this case features a rich discussion on whether Shafeis and that the Shafei law of Wakf is quite different from the Hanafi law of Wakf. The court noted that no authority had been cited to show that the deed was invalid over the course of the proceedings. The High Court found the rules of evidence to be unsatisfied in the case and also found there is no difference of opinion between the Shafeis and Hanafis as to the validity of a gift to the settlor's descendants generation to generation. The court rules against the petitioner’s claim.
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Madras High Court