MUSAMMAT AMINA BIBI Vs. SAIYID YUSUF

JUDGEMENT

(1.) The dispute in these appeals relates to a 6 annas 4 pies share of the village Bawanda, which originally belonged to Paigambar Baksh alias Abdullah, a retired Subordinate Judge of these Provinces. He had purchased the entire village in the name of his wife. Musammat Allarakhi Bibi. She survived Paigambar Baksh and had by him two sons. Saiyid Muhammad, Saiyid Mahmud and a daughter Musammat Khudeja Bibi. She died in September 906. Her son Saiyid, Muhammad had died in her lifetime leaving two sons, Saiyid Husain and Saiyid Mohsin. Musammat Khudeja Bibi had died a few days after her leaving her husband, Saiyid Muhammad Zuber, as one of her heirs. On the death of Musammat Allarakhi a dispute arose between her grandsons, Saiyid Husain and Saiyid Mohsin, her son Saiyid Mahmud and Muhammad Zuber, the husband of Musammat Khudeja Bibi, each of whom claimed a right of inheritance to the said property. It was then disputed whether the real owner of that property was Musammat Allarakhi Bibi or her husband, Paigambar Baksh. The Revenue Court allowed mutation of names to be effected in favour of all the claimants without deciding to what share each of them was entitled.

(2.) During the lifetime of Musammat Allarakhi, Saiyid Ali Zafar used to lookafter her property, getting a salary of Rs. 15 per mensem. He was her nephew. After her death he continued to look after that property on behalf of Saiyid Mahmud and obtained a power-of-attorney from him on the 15 February 1908, (Exhibit 53). Saiyid Mahmud was living in the village Salempur. Saiyid Ali Zafar lived in the same village. Saiyid Mahhutd was married to Musammat Saleha Bibi, the niece of Maulvi Muhammad Usman, a Pleader of Jaunpore. By her Saiyid Mahmud had two sons, Saiyid Uusuf and Saiyid Yamin, the plaintiffs in one of the suits which have given rise to these appeals, and a daughter, Musammat Maryam, Bibi, the plaintiff jn the other suit. Musamma Saleha Bibi died on the 6 March 1898. The dower due to her by her husband, Saiyid Mahmud, had remained unpaid. Saiyid Mahmud is described by the plaintiffs as a man of week intellect and deranged mind (fatir- ul-aql). It was also stated that he was unable to look after the affairs and incapable of managing his property. He neglected to look after the maintenance and education of his sons who obtained an order against him. under Section 488 of the Criminal P. C. for the payment of a monthly allowance of Rs. 15 to them. This order was not, however, obeyed. An application was then made by Maulvi Muhammad Usman, the paternal uncle of their mother, for his appointment as the guardian of their persons, in the Court of the District Judge of Ghazipur. It was granted on the 31 July 1908. It was held in that proceeding that Saiyid Mahmud was of eccentric habits and incapable of looking after his children. Maulvi Muhammad Usman was accordingly appointed as their guardian. The children there after lived with Maulvi Muhammad. Usman at Jaunpore.

(3.) Meanwhile, Saiyid Mahmud was making various transfers of the property of his mother, Musammat Allarakhi Bibi, including certain perpetual leases in favour of Saiyid Ali Zafar and other persons. One of these leases was executed on the 22 October, 1908 in respect of a 6 annas 4 pie share of the village Bawanda in favour of Saiyid Ali Zafar and Gopal Das for a period of 10 or 11 years.That lease is said to have related to the 6 annas 4 pie share, regarding which there was dispute between Saiyid Mahmud on the one side, and the sons of Saiyid Mahmud, and Muhammad Zuber, on the other. The latter claimed that the property had really belonged to Paigambar Bakhsh and not to Musammat Allarakhi Bibi, while the case of Saiyid Mahmud, was that it was the property of his mother, Musammat Allarakhi. On the same date another lease was granted by Saiyid Hussain, Saiyid Mohsin, and Muhammad Zuber in respect of the remain ing 9 annas 8 pies share in favour of Saiyid Ali Zafar and Gopal Das for a similar period.