SULTAN MOHIYUDDIN Vs. HABEEBUNNISSA

JUDGEMENT

(1.) Whether the Muslim Personal Law (Shariat) Application Act, 1937, overrides Sec. 2(q) and Article 48 of the Karnataka Stamp Act 1957, which deal with the contract of 'settlement' is the question that requires consideration in this appeal. The trial Court in effect has held that the transfer of property through settlement deed is impermissible among the Mohammadans.

(2.) The suit is one for partition and separate possession. The plaintiff claimed 1/4th share, out of 7/8th share in the suit schedule property. The suit is decreed as prayed. Aggrieved by the judgment and decree, defendants No.3 to 5 are in appeal.

(3.) The admitted genealogy of the parties is as under: