PANCHAPAKESA IYER Vs. KMHUSSAIN MUHAMMAD ROWTHER

JUDGEMENT

(1.) One Kawana Nayana Noor Muhammad died in Penang on October 16, 1918. In February 1919, probate of a will executed by Noor Muhammad two days before his death, was granted by the Supreme Court of the Straits Settlements at Penang to the defendants, who are named in the will as executors. That probate was properly and explicitly confined to the movable land immovable property of the deceased in any wise belonging and locally situate within the limits of the said Court.

(2.) The will provided for certain legacies and then went on All the rest and residue of my property which I may die possessed of I direct shall be divided amongst all those persons entitled thereto in accordance with the Muhammadan Law and in the shares according to such law. It is my desire that my estate shall follow the Muhammadan Law and may be dealt with accordingly.

(3.) It appears that the bulk of Noor Muhammad's property was in Penang, but that a part of it consisted of immovable property in the Tanjore District. In October (1919) Noor Muhammad's widow started proceedings in the Supreme Court at Penang for the administration of her husband's estate claiming an account against the defendants. The Registrar of the Supreme Court made an inquiry into the assets and liabilities of the estate and after taking into account the immovable property in the Tanjore District as well as the property in Penang he arrived at the conclusion that the balance of assets was a certain amount and that of that amount the widow was entitled, as she claimed, to a third share. The learned Judge of the Supreme Court, who dealt with the matter, confirmed the Registrar's report on May 12, 1921 and made a decree that the defendants should pay to the widow a certain number of dollars. That decree the widow after obtaining part satisfaction assigned to the plaintiff in the present suit; and the plaintiff has brought his suit in the Court of the Subordinate Judge of Tanjore as one on a foreign judgment against the defendants for the balance due from them. The learned Subordinate Judge, who heard the suit, has dismissed it and against his dismissal the plaintiff appeals.