SHAMSUDIN Vs. ABDUL HOOSEIN

JUDGEMENT

(1.) This suit was filed on the 1st of December 1904 by Fatmaboo, daughter of one Kallimuddin Amiruddin, deceased, to recover her share in his properties as one of his heirs. It was alleged by her in the plaint that her father had obtained from her, oh the 25th of October l895 a Gujerati writing whereby, in consideration of a sum of Rs. 9,000 which he had agreed to credit to her in his books, she had relinquished and released all her right, present and future, by way of inheritance or otherwise in all his properties, but that the said writing, having not been registered, was inadmissible in evidence against, and not binding upon, her.

(2.) Fatmaboo having died on the 21st of April 1905, her husband (Goolam Hussein Abdulalli) and her son (Sumsuddin) were substituted as her heirs and legal representatives on the 17th of July 1905. In Suit No. 460 of 1905, brought by the first defendant against the present plaintiffs as Fatmaboo s heirs, for compelling the Registrar to register the Gujerati writing above referred to, I held that the deed did not fall within the class of documents requiring, under the Registration Act, compulsory registration: Abdool v. Goolain (1905) 7 Bom. L.R. 742. On the 24th of August 1905, when the present suit came on for hearing before me, a prayer was made for amendment of the plaint by inserting the allegation that the Gujerati writing of the 25th of October 1895 had been obtained from Fatmaboo by her father by means of undue influence exercised over her. The amendment prayed for was allowed and the suit has been tried on several issues involving questions both of law and fact.

(3.) The first question is as to the validity and binding character of the deed executed by Fatmaboo. That deed, marked Ex. F, was executed at Cambay, where both Kallimudin and Fatmaboo lived. After reciting that Fatmaboo has a right of inheritance to all the properties which her father possesses at Cambay, Bombay, Bakha, Bassein and other places., and of which he may die possessed, and that her mother directed him to give her ornaments, the deed goes on to say that, in consideration of her father having agreed to give her on the terms mentioned in the deed a sum of Rs. 9;000, she relinquishes all her rights and claims, that she shall have no right to any property belonging to her father at his death and that he is at liberty to leave his property to his other heirs "excepting the above-mentioned sum" of Rs. 9,000.