KHUDAIJAT-UL-KUBRA Vs. AMINA KHATUN

JUDGEMENT

(1.) After hearing the learned Counsel for the appellants in this case, we are clearly of opinion that the appeal must fail.

(2.) The relevant facts to be stated are as follows: In the year 1882 one Muhammad Rahmat Ali executed an agreement whereby he undertook to pay to his daughter-in-law Musammat Amina Khatun a sum of Rs. 15 a month for food and clothing. This payment was to be made to her during her life-time.

(3.) In order to secure the performance of this undertaking, Saiyid Rahmat Ali hypothecated a 5 biswas muafi share in the village named Phondapur and charged this property with the allowance which he had contracted to give his daughter-in- law. It was distinctly provided by this agreement that if Rahmat Ali failed to pay the said monthly allowance of Rs. 15 any month, the lady was to be entitled to take possession of the property which was charged and to realize the income thereof under her own supervision and to spend the same for her food and clothing.