KANIZ FATIMA BEGAM Vs. SAKINA BIBI

JUDGEMENT

(1.) THE two appeals, Execution First Appeals No. 24 and No. 25 of 1913 are connected. THE appellant in both the cases is Musammat Kaniz Fatima Begam, the widow of one Ghulam Mohi-ud-din Ashraf Khan. She obtained a decree against the estate of her husband for her dower. In execution of her decree she applied for the attachment of certain landed property alleging it to have belonged to her deceased husband. She sought execution by two separate applications, one for costs and the other for the recovery: of the dower-debt, and in both the applications she sought to attach the landed properly of her deceased husband. THE applications were opposed by some of the legal representatives of Ghulam Mohi-ud-din, who were in possession with others of his property. THE main objection was that the said property was granted to an ancestor of Ghulam Mohi-ud-din, called Karim Khan, a Pindari Chief, for political considerations and, therefore, constituted a political pension and hence was incapable of being attached and sold in execution of the decree of Musammat Kaniz Fatima Begam. THE learned Subordinate Judge accepted the objection and rejected the two applications. THE widow of Ghulam Mohi-ud-din, that is the decree-holder, has come up in appeal to this Court. She contends that the property, which she is seeking to attach and sell in execution of her decree, was not granted to Karim Khan as a political pension. On; the other hand the learned Counsel for the respondents contends that the property in question does fall under the definition of political pension." He bases his contention on three letters of Revenue Officers, dated 1846-1853. Those letters passed between the Board of Revenue, the Commissioner of the Division and the Collector of Gorakhpur, and give, no doubt, some support to the argument for the respondents. But we. cannot treat them as anything more than a mere expression of opinion by the Board of Revenue as to the right of the jagirdars in the lands granted to them. THE rights of Karim Khan and his descendants must, however, be determined by reference to the original sanad of the 13th of. August 1819. THE terms of that sanad distincty show that whatever rights may have been given to Karim Khan himself for his life-time, an absolute estate in the property in suit was given to his descendants. THEy have, therefore, a heritable and transferable right in the estate in question. THE point under discussion is covered, in cur opinion, by two rulings of this Court, viz., Lachmi Narain v. Makund Singh 26 A. 617 : A.W.N. (1904) 144 : 1 A.L.J. 338, and Amna Bibi v. Najm-un-nissa Bibi 2 Ind. Cas. 100 : 31 A. 382 : 6 A.L.J. 519 : 5 M.L.T. 388. We, therefore, allow the two appeals, set aside the orders of the Court below and remand the case to it for disposal according to law. Costs are allowed to the appellants.