HASSANALLI DEGUMIYA Vs. RUHULLA HAMAD

JUDGEMENT

(1.) The facts of this case though the hearing has taken considerable time, are really not very complicated. They are shortly as follows: A certain Nanumiyan, a Musalman resident of Broach, had a daughter called Asha Begam. On January 12, 1912, he gave her certain property by a deed of gift. He, however, retained management of the property until his death in 1914. Thereafter Asha Begam assumed its management until her death in July l9l7. On April 14, 1917, she passed Exhibit 29, by which document she created a wakf of property worth Rs. 19,999 for the benefit of her deceased father Nanumiyan's soul in favour of her grand-father's mosque Gulamali Fozdar situated in Broach city. By the terms of the document she was to be Mutawali, during her life-time. On her death, her maternal uncle was to succeed as Mutawali, and after him his son Abasalli and others of his descendants. The income of this property was estimated at Rs. 900. Of this income she directed that Rs. 500, should be spent on the mosque and Rs. 400 reserved to the Mutawali. As I have said, Asha Begam died in July 1917, and in ordinary circumstances her husband and her own agnates would have succeeded to her estate. But Asha Begam had never lived with her husband, and her father Nanumiyan had been on bad terms with his relations. Thus, while her husband took possession of Asha Begam's property, claiming to be her heir, the maternal uncle has brought the present suit to eject him.

(2.) The husband is defendant No. 1; defendant No. 2 is one of the agents and defendants Nos. 3 and 4 are tenants of the property in dispute. The defendants contended that the gift of Nanumiyan was invalid as there had been no proper delivery of possession and that Asha Begam's wakf was invalid and inoperative in law.

(3.) In the trial Court, the Subordinate Judge, Mr. Bhat held that the deed of gift by Nanumiyan to Asha Begam was operative. He also held that the plaintiff had not proved that the deed of wakf executed by Asha Begam, a Pardanashin lady, had been made by her of her own free will and not under duress. He dismissed the suit.