SIDDIQ AHMAD Vs. WILAYAT AHMAD

JUDGEMENT

(1.) One Hakim Ali was the owner of two annas eight pies share out of sixteen annas in village Kasmandi Kalan, Pargana and Tehsil Malihabad, in the district of Lucknow. He had four sons Wajid Ali, Faqir Mohammad, Nazar Mohammad and Saiyid Ahmad. Wajid Ali died in his father's lifetime. He left a son Wahid Ali, alias Kallan. Under the Mahomedan Law Wahid Ali, his father having predeceased Hakim Ali, was not an heir of Hakim Ali. Hakim Ali on 17th May 1903, executed a will in favour of his three surviving sons Faqir Mohammad, Nazar Mohammad and Saiyid Ahmad and his grandson, Wahid Ali. It is the interpretation of this will with which we are mainly concerned.

(2.) Hakim Ali died on 18th September 1909. His three sons and his grandson Wahid Ali alias Kalian survived him. The property, that is, the two annas and eight pies share, was mutated in the name of his three sons and his grandson Wahid Ali on the basis of inheritance. On 11th April 1928, Wahid Ali gifted his entire share which was eight pies in the village aforementioned, to Kulaumunnissa, wife of Faqir Mohammad, that is, to his aunt. She got mutation in her favour and in 1937 the property waa partitioned through the revenue Court and a separate chitthi was prepared in favour of Kulsumunnissa of this eight piea share. Tbis partition was affirmed on 30th July 1939. Wahid Ali died on 5th October 1940. Wilayat Ahmad, one of the five sons of Nazar Mohammad claimed a one seventh share in these eight pies and filed the suit on the allegation that defendants 1 and 2, who were sona of Kulsumunnissa, Kulsumunnissa having died in 1941, were in wrongful possession of the property in suit.

(3.) The suit was contested by defendants 1 and 2, Siddiq Ahmad and Mushtaq Ahmad sons of Kulsumunnisaa, on various grounds.