KAIRUM BI Vs. MARIAM BI

JUDGEMENT

(1.) Defendants 1 to 9 are the appellants. Katheeja Bi, the 10th defendant, had three sons, Abdul Razack, Abdul Subhan and Abdul Shukoor. Abdul Razack died in 1944. Abdul Subhan died in 1947. Under the Mohammedan law on the death of these sons Katheeja Bi became entitled to a one-sixth share in their estates. On 17-6-1948 she executed a deed of settlement, Ex. A. 1 whereby she gave the one-sixth share which she inherited in the estate of Abdul Razack as also the one-sixth share which she inherited in the estate of Abdul Subhan jointly to plaintiffs 1 and 2. The first plaintiff, Mariam Bi, it may be stated, is the only daughter of Katheeja Bi and the second plaintiff is the husband of Mariam Bi. On the strength of this settlement deed the plaintiffs instituted O. S. No. 81 of 1948 on the file of the Subordinate Judge, Vellore, for the partition of the estate of Abdul Razack. That suit was compromised on 23-1-1950 and the plaintiffs obtained for themselves the properties set out in Ex. B. 2. In September or October 1950, the plaintiffs instituted the suit, out of which the present appeal arises, for partition and separate possession of the estate of Abdul Subhan wherein they claimed a one- sixth share on the basis of Ex. A. 1.

(2.) The defendants put the plaintiffs to strict proof of the truth, validity and due execution of the settlement deed, Ex. A. 1. They took the further plea that even if Ex. A. 1 is proved to be genuine and to have been executed by Katheeja Bi with complete comprehension of its contents still the settlement deed is void since it offends against various rules of Mohammedan law. The learned Subordinate Judge overruled these contentions and decreed the suit as prayed for. Defendants 1 to 9 have therefore appealed.

(3.) It may be mentioned here that Katheeja Bi died in 1952 while the suit was pending in the trial court and that no one has been specifically added as her legal representative.