MATLUB HASAN Vs. MTKALAWATI

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for a declaration that the plaintiff Mt. Kalawati, is, by virtue of an auction-purchase, the owner in possession of a certain share in properties specified and is entitled to get the said share in its entirety partitioned through the Revenue Court.

(2.) Wazirunnissa was the owner of village Ruppur. On 13 January 1919 she executed a registered document, called a deed of agreement, under which she provided that she shall pay Rs. 20 per month to her daughter-in-law, Mt. Faruqunnissa, and that the said maintenance allowance should continue to be paid to her (Faruqunnissa s) descendants from generation to generation. She further provided that the maintenance allowance should be a charge on a 8 biswas, 2 biswansis, 4 kachwansis, 8 nanwansis and 18 tanwansis share in mahal Surkh of village Ruppur Bahadurpur and the said share shall remain hypothecated in lieu of the payment of the said maintenance allowance. She further provided that after her death only that portion of the property aforesaid which would devolve upon her son Marghub Hasan, who was the husband of Mt. Faruqunnissa, should remain charged and hypothecated. She clearly stated that the said agreement would remain operative in favour of the descendants of Mt. Faruqunnissa from generation to generation.

(3.) Mt. Faruqunnissa died in 1920 and Mt. Wazirunnissa herself died in 1922. Marghub Hasan died in the same year but shortly after Wazirunnissa. It is an admitted fact that according to the devolutions of shares under the Mohamedan Law if the estate of Mt. Wazirunnissa be regarded as consisting of 2240 sihams then the result of the -devolutions after the successive deaths was that a junior widow of Marghub Hasan named Ashrafulnissa got 60 sihams, the three sons of Mt. Faruqunnissa got 105 sihams each and their step-brother, the son of Mt. Ashrafulnissa also got 105 sihams.