BISHAMBHAR NATH Vs. NAWAB IMDAD ALI KHAN

JUDGEMENT

(1.) THESE are consolidated appeals at the instance of judgment creditors of the Respondent, Nawab Ali Khan, one of the heirs, according to Mahomedan law, of the late Malka Jehan, who was the principal consort of Mohammad Ali Snah, the last King of Oudh. In all of them the same question is raised for decision- whether a monthly allowance payable to the Respondent by the Indian Government, under an arrangement made between the King of Oudh and the Governor-General of India in the year 1812, is liable to be taken in execution for his debts.

(2.) MOHAMMAD Ali Shah had, in 1838, advanced Rs. 17,00,000 to the Government of India, in pursuance of a formal treaty, by which the latter undertook to apply the interest of that sum in payment of allowances to certain members of the royal family and household, including his spouse, Malka Jehan, and their respective heirs in perpetuity, In the treaty, these allowances are described as "pensions," and the persons entitled to them for the time being as "pensioners"; and on the failure of an original pensioner, and his or her heirs, the Government undertook to devote the lapsed pension towards the maintenance of a mosque selected by the King.

(3.) IN reply to that communication the Governor-General, by a letter dated the 15th of February, 1842, intimated his pleasure "in concurring with the hearty desire and wishes" of His Majesty, and gave the assurance that an order would be duly passed for their execution.