MAKTUMSAB ABDULHAK Vs. DADABHAI MOHIDIN

JUDGEMENT

(1.) The only question for decision in this appeal is whether Mullagiri land is partible or not?

(2.) The suit was for partition of the ancestral property of a Muhammadan family, and a part of this property is land of this description. The first two Courts held that such land could be divided among the heirs to it, like any other land, but in second appeal Mr, Justice Baker held on the point in the contrary sense, and granted a certificate to appeal against his decision.

(3.) The sanad for the land is not produced. We have only the facts that the land is assigned as remuneration for services useful to the village community, and that it is not transferable. Ordinarily, such holdings are governed, as to inheritance, not by the Watan Act, but by the personal law of the holders, and if this is the case here, the land would be subject to partition.