MUSSUMAT HASIN BANU Vs. MAHOMED RIASAT ALI

JUDGEMENT

(1.) THE Plaintiff in the suit and present Respondent is the widow of Mosheraf Ali, who died on the 24th of November, 1880, leaving besides his widow a brother, Saiyid Riasat Ali, and two sisters. The amended plaint, filed on the 24th of September, 1884, alleged that the Plaintiff, according to the custom and the entries made in the settlement wajibularz, was entitled to succession and to inherit the entire property left by her deceased husband, and alternatively that according to Mahomedan law she was entitled to inherit one-fourth of his property. It then alleged that on the 28th of November, 1880, the Defendant Riasat Ali took possession of the entire property left by Mosheraf Ali, and prayed for a declaration of the right of inheritance and for possession of the immoveable property with mesne profits, or any other relief which the Court might deem proper to grant.

(2.) ON the 27th of October, 1884, the Plaintiff filed a list of the property claimed, both immoveable and moveable. The wajibularz referred to in the plaint was of a village, in form of a joint zemindari tenure, of which Mosheraf Ali had a half share It contains in paragraph 4, relating to right of transfer and inheritance, the following statement: "A daughter, or her issue, does not get any share. If the deceased co-sharer have no male issue, but a female issue only, then indeed in that case the female issue can get a share. If all the wives be childless, they shall for their lifetime remain in possession of the deceased's inheritance in equal shares, with proprietary, power." The allegation that the Plaintiff was entitled to inherit the entire property left by her deceased husband was denied by the Defendant's written statement.

(3.) THE proceedings of the District Judges, before whom the case came, may be briefly noticed. The first, Mr. Blennerhassett, made an order which was cancelled by his successor, Colonel Newbery, who framed additional issues, and then dismissed the suit on the ground that it was barred by Section 43 of Act XIV. of 1882, and also as to the moveable property that it was barred by the law of limitation, applying to it Article 49 in the schedule to Act XV. of 1877.