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Issues:
Interpretation of a hiba-bil-ewaz document transferring property from husband to wife for consideration. Validity of the transfer under Mithila law regarding the wife's right to alienate the property. Analysis: The case revolved around a hiba-bil-ewaz document where a husband transferred property to his wife for consideration to pay off debts. The wife later mortgaged the property, leading to a legal dispute. The central question was whether the wife had absolute ownership rights to alienate the property as per the terms of the transfer. The lower court initially dismissed the case based on legal objections, but the High Court of Patna remanded it for a trial on merits. Subsequently, the Subordinate Judge found that the transfer in 1876 was bona fide and that the wife had been given possession of the property as per the hiba-bil-ewaz. A critical point arose concerning whether the wife had the right to mortgage the property in 1890, which had not been raised previously. The judges differed on whether the wife had absolute title to alienate the property under Mithila law. Ultimately, the Chief Justice sided with the view that the wife had full ownership rights as conveyed in the 1876 document. The Privy Council analyzed the hiba-bil-ewaz document and concluded that the transfer was for consideration, not a pure gift. They referenced the Transfer of Property Act and previous legal precedents to support their interpretation. The Council emphasized that under Mahomedan law, such transfers are treated as sales, not gifts, and the Mithila law's limitations on alienation apply only to pure gifts, not transfers for consideration. In light of the findings, the Council held that the wife had full ownership rights over the property and could alienate it. They dismissed the appeal and recommended its dismissal with costs, affirming the wife's right to the property under the hiba-bil-ewaz transfer.
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