GOODS OF MAHAMMAD BASHIR Vs. STATE
LAWS(CAL)-1961-4-5
HIGH COURT OF CALCUTTA
Decided on April 10,1961

GOODS OF MAHAMMAD BASHIR Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

P.C.Mallick, J. - (1.) This is an application for revocation of a grant of Letters of Administration to the Estate of Mahammad Bashir deceased. Mahammad Bashir died in March 1960 leaving him surviving his sole widow Md. Nazimunnessa, his only son Md, Riaz -- a boy of four and two daughters by a predeceased wife. Mahammad Bashir was the second son of Haji Din Mohammad who died some years prior to 1940. Haji Din Mohammad had another son Abdul Hakim who died in 1949. The petitioner, Manjoor Abmed, is the only son of Abdul Hakim. The Letters of Administration was granted to the widow by an order of this Court passed on January 20, 1961.
(2.) It is alleged in the petition that Haji Din Mohammad was a very successful businessman who amassed a fortune. Prior to his death the late Haji made over to his two sons the sum of Rs. 12 lacs, 4000 gold mohurs and 1000 tolas of gold ornaments. The sum of Rs. 12 lacs given by the late Haji to his sons was utilised in purchasing various properties and also part of it was invested in various businesses. The petitioner lost his mother at a very early age and was greatly loved by his uncle Mahammad Bashir. It is alleged that he was reared up by Mahammad Bashir and his two wives as their own son. After the death of Mahammad Bashir however his widow Nazimunnessa came under the evil influence of certain interested parties and became a tool in their hands. Under such evil influence she took steps to defraud the petitioner of his share of the gold ornaments and mohurs and the said sum of Rs. 12 lacs and all properties and businesses acquired with the said sum. With such object of depriving the petitioner the grant was obtained by the widow surreptitiously behind the back of the petitioner. The petitioner's grievance is that properties and businesses in which the petitioner has interest as the heir of his father and grandfather have been stated to exclusively belong to the estate of Mahammad Bashir. Reference is also made in the petition to a suit instituted in 1956 by one Mahammad Hanif against Mahammad Bashir and Nazimunnessa wherein it was contended that Haji Din Mohammad made a gift of Rs. 8 lacs to Mahammad Bashir out of which Rs. 25000/- was to be paid to the plaintiff in that suit for establishment of a school. It is contended that the suit was caused to be instituted by Mahammad Bashir to create a case of gift of Rs. 8 lacs made by the Haji to Mahammad Bashir. Mr. Santosh Kumar Basu the learned counsel appearing in support of the application submitted that a perusal of the records of the suit will show that the suit was a fraudulent one in its inception, continuance and termination. There was a mock fight. The proceedings were caused to be initiated by Mahammad Bashir to get a judicial recognition of this gift of Rs. 8 lacs by Haji Din Mohammad in favour of Mahammad Bashir.
(3.) I need hardly say that the real dispute between the parties cannot be determined and be the subject- matter of enquiry in these proceedings. It will have to be agitated in a different proceeding that may be instituted by either party. It will, therefore, not be proper for me to express my opinion one way or the other on questions raised in the petition which are outside the scope of this application. This simplifies the matter. In spits of the bulk of the papers placed before me, the points that require adjudication are limited to a very narrow compass. I am not called upon to consider and decide most of the facts raised in the papers as being irrelevant for the purpose of this application.;


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