ASHA BIBI Vs. NABISSA SAHIB

JUDGEMENT

(1.) THIS is an appeal preferred against the decree and judgment of the learned subordinate Judge of Tanjore in O. S. No. 65 of 1948.

(2.) THE facts are:--One Ibrahim Sahib constructed a mosque out of his private property on a site purchased by him in the East Rampart Street, Tanjore. He also constructed a "chinna Alia Koil" and a Musafar Khana and founded a Thaikkal with the tomb of a saint at Pasupathikoil, Papanasam taluk. On 11-3-1889 and 11-71914 this Ibrahim Sahib made a trust deed and a will which have been analysed by a Bench of this Court con-sisting of King and Krishnaswami Ayyangar, JJ. in mohideen Bivi v. Kaboor Sahib, A. S. No 417 of 1953 (Mad) (A ).

(3.) THIS will has been described by Krishnaswaini Ayyangar J. as an ill-drafted document expressing the intention of the testator in somewhat crude language and thereby affording material for Most of the contentions relating to this will. The learned Judge held that from a careful reading of the various clauses there was no doubt that the testator intended the whole of his property to be devoted to the charitable purposes named by him, that the management of the property was to be with the Ibrahim Sahib during his lifetime and thereafter it was to be with ibrahim Sahib's cousin Mahomed Hussair, Sahib who died in 1923 and his brotherin-law Gaffoor Sahib, to whom this Ibrahim Sahib seems to have been greatly attached, under the orders of his childless second wife Habibsa Bivi. Provision is also made for the residence and support of Gaffoor Sahib, the brotherin-law, and Mahomed Hussain Sahib, the cousin, and for the maintenance expenses of his junior paternal uncle's daughter-in-law Jira Bibi. In regard to gaffoor Sahib he directed that his wife Habibsa Bivi should select a bride and celebrate the marriage and in case he wanted to live apart, to purchase for him a house for Rs. 300 and give him besides by way of maintenance 3 kalams of paddy per month. Similar provision was also made in favour of Mahomed Hussain Sahib. For Jira Bivi he provided two kalams of paddy for maintenance and Rs. 2/-for expenses in cash per month. In regard to his wife he apparently thought that the managers should provide for his wife and merely left an injunction that they should con-duct themselves agreeably to her good views. In regard to both mahomed Hussain Sahib and Gaffoor Sahib, this Ibrahim Sahib has stated that they shall as his Aurasa sons conduct the said chanties founded by him and that they shall take the same amount of interest for the purpose ft prudent and effective management of the properties and that is all. Thus, the will in-short devoted the income to the performance of the charities ar. d provision for these four persons. The managers " were prohibited from alienating the properties in any manner whatsoever.