LAWS(BOM)-1906-3-3

ISMAIL MUSSAJEE MOOKERDUM Vs. HAFIZ BOO

Decided On March 14, 1906
ISMAIL MUSSAJEE MOOKERDUM Appellant
V/S
HAFIZ BOO Respondents

JUDGEMENT

(1.) The suit out of which this appeal arises related to certain transactions on the part of Khaja Boo, a Mahometan woman, who died in the year 1900. at an advanced age, said to have been ninety years.

(2.) The transactions in question took place in 1889. Khaja Boo resided at Rander near Surat, in the Bombay Presidency; but she and her family seem to have had connections of long standing with Rangoon. She had, at the time of the events which have to be considered, one son, the present plaintiff, appellant, and one daughter, the present defendant, respondent. With her son, whose antecedents were not good, she was on terms of bitter hostility, and much litigation had taken place between them. The daughter was a married woman, whose husband resided in Rangoon; but she herself was living with her mother at Rander.

(3.) Khaja Boo owned a house in Rander, and two properties in Rangoon. One of the latter was the fifth class Lot No. 27 in Block 0 ii, the other an undivided half share in Lot No. 6 in Block E in Barr Street, in which the other half share belonged to Adjim Hassim Mookerdum, of Rangoon, the husband of Hafiz Boo.