STATE OF BIHAR Vs. KUMAR AMAR SINGH

JUDGEMENT

(1.) These are two connected appeals arising out of a common judgment of the High Court of Patna on two applications to it dated. 5-7-1950 and 28-7-1950, under Art 226 of the Constitution. The State of Bihar is the appellant in both the appeals. The first three respondents in Appeal No. 97 are the sons of the fourth respondent therein, viz. Kumar Rani Sayeeda Khatoon (hereinafter referred to as Kumar Rani). The said Kumar Rani is also the first respondent in Appeal No., 98. The other respondents in both the appeals are Government Officers under the appellant, the State of Bihar. The applications before the High Court arose with reference to action taken against (1) the property, and (2) the person, of Kumar Rani by the Officers of the Government of Bihar, under the following circumstances.

(2.) Kumar Rani was admittedly born in the territory of India and claims to be the lawfully wedded wife of captain Maharaj Kumar Gopal Saran Narayan Singh of Gaya by virtue of an alleged marriage between them in 1920 according to Arya Samaj rites and subsequently according to Muslim rites. She owned and possessed considerable properties. In 1946 she created a wakf of her properties consisting of 427 villages for the maintenance and support of herself, her sons and their descendants, by executing a deed of Wakf-ulalAulad dated 4-5-1946, by which she divested herself of all her interest in the said properties and vested them in Almighty God. She appointed, herself as the sole mutwalli for her lifetime or until relinquishment, and her three sons to succeed her as joint mutwallis.

(3.) The preliminary facts having been stated as above, it will now be convenient to deal with these two appeals separately. Appeal No. 98 which raises the fundamental question as to the continuing citizenship of Kumar Rani will be taken up first.