NUZHATUDDOWLA ABBAS HOSSEIN Vs. MIRZA KURRATULAIN

JUDGEMENT

(1.) This is a suit by the heir and Heiress of the late widow of the late King of Oudh, commonly called Khas Mahal, and another gentleman who claims as a purchaser of certain interest in the property, the subject of dispute, from his co-plaintiffs, against one Pearay Saheb and the Administrator-General of Bengal; and the object of the suit is to hare an account taken of all moneys and other properties come to the hands of Peary as the alleged confidential agent of Khas Mahal, and for payment of what shall be found due to the plaintiffs on taking such an account; for enquiry as to certain property which he is alleged to have taken occasion of after the death of Khas Mahal, and for consequential relief.

(2.) Shortly, the case of the plaintiffs is as follow: They allege that Khas Mahal died intestale on the 1 of April 1894, leaving the plaintiffs 1 and 2 as heirs under the Shiah School of Mahomedan Law; that she died possessed of considerable property both moveable and immoveable that some sixteen years ago, the defendant Pearay, Who was then in indigent circumstances, and who is apparently it first cousin once removed, of Khas Mahal, came to her and appealed to her kindness; that she took pity upon him, allowed him to live at her house at Garden Reach; that he acquired the confidence of the lady, and, as time went on, exercised a great influence over her; that he acted as her confidential agent for the purpose of transacting her business matters, and that he attained such ascendency over her as to deprive her entirely of all free agency in respect of her affairs and estate; that the late King of Oudh died in 1887; that on his death Khas Mahal became entitled to a large amount of property; that Khas Mahal was at this time an old lady--her then age would appear to have been about sixty--feeble in body and mind; that Pearay obtained large sums of money from her; that he entirely controlled her affairs; and, in effect, deprived the lady of the bulk, if not the whole, of her property.

(3.) Khas Mahal died, as I have said, on the 31 of March or the 1 of April 1894, and the present suit was instituted on the 26 of March 1897, some four or five days before the period, allowed by the Statute of Limitation, expired.