MOHAMMAD ABDUL LATIF Vs. MOHAMMAD ABDUL RASHID

JUDGEMENT

(1.) THIS appeal is directed against the decree in civil suit No. 17a of 1951 of the court of First Additional District Judge, Jabalpur, by which the claim of the plaintiff mst. Jaibunnissa for administration of her husband's estate was dismissed in limine. She died during the pendency of the appeal and is now represented by her son and daughter.

(2.) MST. Jaibunnissa was the widow of Khan Sahib Mohammad Abdus Sattar, who died on 11-2-1951. He left behind two houses in the city of Jabalpur. The present appellant's Mohammad Abdul Latif and Mst. Akhtarurnnisa are her son and daughter. The respondents Mohammad Abdul Rashid Mohammad Abdul Rauf, and mohammad Abdul Samad are her step-sons. They migrated to Pakistan, accordingly the Assistant Custodian of Evacuee Property acting under Section 7 of the Administration of Evacuee Property Act, 1950, declared the houses left by khan Sahib Mohammad Abdus Sattar as evacuee property to the extent of their 7/12 share therein. This order is dated 31-7-1952. The present suit was instituted during the proceedings under Section 7 of the Administration of Evacuee Property act, to which the Custodian of Evacuee Property, Madhya Pradesh, was made a party.

(3.) MST. Jaibunnissa filed the suit for the administration of the estate of her deceased husband for realization of her claim to dower debt amounting to Rs. 15,000. Alternatively, she claimed that if the sale proceeds were not sufficient to satisfy her dower debt the houses should be allotted to her in satisfaction thereof. An objection was raised to the maintainability of the suit by the Custodian of evacuee Property, Madhya Pradesh, on the ground that it was barred under section 20 of the Evacuee Interest (Separation) Act, 1951. This contention was upheld by tht; lower Court and the suit was dismissed as untenable. Hence this appeal.