MAINA BIBI Vs. CHAUDHRI VAKIL AHMED

JUDGEMENT

(1.) This is an appeal from a judgment and decree, dated March 12, 1919, of the High Court of Judicature at Allahabad, affirming the decree of the Subordinate Judge of Allahabad, dated about three years earlier, namely, March 18 1916, The main, if not indeed the determining, question for decision by the Board in this case is the proper construction and effect of a certain decree of the Subordinate Judge of Allahabad, dated November 28, 1903, duly affirmed on July 3 1906, by the aforesaid High Court on appeal thereto, This latter decree was made in a suit brought by the present respondents and others against the widow of the deceased owner of certain lands and premises described in the plaint in which she was then in lawful possession under a claim to hold the same until the dower-debt to which she was admittedly entitled should have been paid to her.

(2.) After the death, on May 6, 1890, of this owner named Shaike Muin-ud-din, a considerable amount of litigation was set on foot between several persons claiming to be interested in or have claims upon his property. This litigation has been fully dealt with in the clear and admirable judgments delivered in this case by the Subordinate Judge and by the High Court respectively, It is only necessary, however, in this appeal to refer to such of the suits as bear directly upon the questions requiring decision by the Board.

(3.) In addition, all these learned Judges have in their judgments cited and criticised with acufceness a great many authorities, analysed the evidence, and dealt fully with the relevant facts proved. As their lordships agree with them in the conclusions of law and fact at which they have arrived, it is scarcely necessary for the third time, to cite and criticise more than one of these authorities, or to deal with the established facts in great detail. In their view the application of some few well-established principles of the Mahomedan law to the salient facts of the case will enable the appeal to be satisfactorily disposed of.