H T VASUDEVA RAO Vs. VIJAYAVADA MUNICIPALITY

JUDGEMENT

(1.) This reference to a Full Bench has been made, by a Division Bench of this Court consisting of Mohd. Ahmed Ansari and Jaganmohan Reddy, J., in an appeal which arose in execution proceedings.

(2.) One Himurunnissa Begum died leaving behind her Mohd. All Pasha, her husband, Qudrunnissa Begum her mother, Moinuddin All Khan, her brother and her daughter Syedunnissa Begum. The husband and the mother died soon after leaving the defendant Syedunnissa Begum and the plaintiffs as heirs. The deceased Himutunnissa Begum left some movable and immovable inheritable property. The plaintiff brought a suit for his share in the Matruka of the deceased Ilimutunnissa Begum as well as for his share in the dower debt of Himuttunnissa Begum which he was entitled to from the estate of her husband. The defendant Syedunnissa Begum, while admitting that the plaintiff was entitled to a share in the matruka stated that her father left only movable property which was in the possession of the Sarfe-khas. She also stated that she was not liable for the dower debt.

(3.) This suit was instituted in the Ecclesiastical court which had exclusive Jurisdiction to try suits relating to the administration or partition of the estate of a Mohammadan. The Ecclesiastical court held, after enquiry, that the dower debt was recoverable from the estate of Mahamud Ali Pasha and that estate consisted only of movable property locked in the house of the defendant Syedunnissa Begum but under the control and supervision of the Sarfe-khas. It declared that the plaintiff was entitled to a 1/4th share. This was a preliminary decree that was passed in the suit. Before ever a final decree could be passed, the Ecclesiastical court was abolished and its jurisdiction was vested in the High Court on its original side. Later on, all the cases pending on the original side of the High Court were transferred to the City Civil Court and so the matter came up for enquiry and for the passing of the final decree before the City Civil Court. The learned Judge of the City Civil Court held an investigation as regards the extent of the assets of the matruka of the deceased in the hands of the defendant Syedunnissa Begum. On an examination of the evidence, the learned Judge held that all the matruka of Himayatunnissa Begum which was available for distribution was Pandan, Ogaldan, Nagardan and the mortgage amount of Rs. 2,500.00 and that the plaintiff was entitled to his share in that property. As regards immovable property, he held that a house and Makhta was the matruka left by Muhammad Ali Pasha and he directed that the house and garden be partitioned by a Commissioner and the parties allotted their shares according to the shares determined under the preliminary decree. This final decree was passed by the Court on 5-3-1954.