The plaintiffs/respondents had sued the defendant/appellant because the assets of the deceased M. Taram (father of the plaintiffs/defendant), which were under the control of the defendant/appellant, had not yet been distributed to the beneficiaries appropriately.
The Court stated that a gift may be made if the giftor is entitled to do so, whereas the assets gifted by the wife of the deceased belonged to the deceased and had not yet been distributed to the beneficiaries, including to the wife of the deceased. Therefore, the assets gifted did not belong to the wife of the deceased, rendering the gift null and void. Accordingly, the Court overturned the initial decision of the Jantho Shari'a Court.