ABDOOL HYE Vs. MIR MOHAMED MOZUFFER HOSSEIN

JUDGEMENT

(1.) IT is fortunately unnecessary to state in detail the complicated transactions and the very protracted litigation which characterise the case now before their Lordships. The present proceeding relates to the execution of a decree against Moulvi Ahdool Ally, obtained so far back as 1866 by some of the representatives of his deceased wife Ifthakharunnissa, and in respect of which a very considerable sum is still due.

(2.) THE main question for consideration is whether certain property which the decree-holders have attached, and which they seek to sell, formed part of the assets of Ahdool Ally at the time of his death, and liable to his creditors; and the answer to this question depends on whether a certain he banama dated the 19th of Assin, 1256 (October 4, 1849), made by Abdool Ally in favour of his son, Waked Ally, is benamee, or is fraudulent and void as against his creditors; and in order to determine these questions, it is necessary to examine the position of Abdool Ally and the condition of his family when that gift was executed.

(3.) IN October, 1849, he was under a considerable liability for the dower of Ifthahharunnissa, so large that after her decease two of her representatives (the present decree-holders) obtained a decree as for their share for Rs. 62,000.