MUHAMMAD FATIMA Vs. MUHAMMAD MASHUQ ALI

JUDGEMENT

(1.) Although we do not agree with the reasons given by both the courts below in support of their judgments, we are nevertheless of opinion that the decree in favour of the plaintiff is substantially correct. The plaintiff is receiver in insolvency of one Abdur Rauf who was declared insolvent on the 13 of July, 1915. More than two years after the adjudication order, a sister of the insolvent, Musammat Musharraf-un-nissa, died and Abdur Rauf, as one of her legal heirs, became entitled to a two-ninths share of her estate.

(2.) It appears that after the death of Musharraf-un-nissa, the appellant before us managed in some way or other to have a mutation order made in her favour. It seems that she put forward a will which she said had been executed in her favour by Musharraf-un-nissa who was her aunt.

(3.) The receiver brought this suit asking for a declaration that a two-ninths share of the estate of Musharraf-un-nissa became the property of the insolvent, Abdur Rauf, on the lady's death and that it was saleable in satisfaction of the amount due to Abdur Rauf's creditors. It was, therefore, prayed that it might be declared that the name of Muhammad Fatima had been entered in the revenue papers wrongly and contrary to facts.