AMIRBIBI Vs. AZIZABIBI

JUDGEMENT

(1.) One Shaik Abdulla bin Shaik Ebrahim, a Sunni Mahomedan, died at Bombay on or about the 14th of August 1906 leaving him surviving as his only heirs according to Mahomedan law two daughters Amirbibi and Azizabibi. By a deed-poll dated the 23rd March 1901 the said Shaik Abdulla declared in effect that he held certain property belonging to him in Huzaria Street in Wakf as a Mutavali or trustee upon the trusts following, viz:- (a Out of the net rents of the said property "to feed five Fakirs every Friday night, to pay for reading the Koran every month and for Fatiha ceremonies in the months of Mohram, Rabinlakhar, Rajab and Ramzan and for offering every month oil two and a half seers for lighting the Masjid situated in Huzaria Street. (b) To pay the balance of the said rents to his daughters and any other child that might thereafter be born to the settlor in equal shares for their maintenance and the maintenance of their children therein named, and after the death of his daughters to pay the same to the second defendant and the said Yakubkhan and Dawoodkhan and their descendants generation after generation as well as the settlors descendants male or female generation after generation. (c) On failure of decendants to use the balance of the said rents for the benefit of the settlors community or for meritorious acts or for the use of the said Masjid as the trustee for the time being might think proper.

(2.) The annual gross income of the property is said to be Rs. 960 and the annual net income about Rs. 800. The amount required for the purposes set forth in Sub- clause (a) of para 2 of the plaint is said to be about Rs. 64.

(3.) The plaintiff as one of the daughters of the deceased has filed this suit against her sister and her sister s son and the Advocate-General, praying that it may be declared that the said deed-poll is void and of no effect and that the plaintiff and the first defendant as the sole heirs of the said Shaik Abdulla are absolutely entitled to the said immovable property.