LAWS(PVC)-1925-5-132

KARIMANNESSA BIBI Vs. HAMEDULLA ALIAS RAJA

Decided On May 15, 1925
KARIMANNESSA BIBI Appellant
V/S
HAMEDULLA ALIAS RAJA Respondents

JUDGEMENT

(1.) This appeal is directed against a decision of the President of the Calcutta Improvement Trust Tribunal in a dispute about the apportionment of some compensation money.

(2.) Premises No. 32, Durga Road have been acquired by the Trust. The Collector's valuation has not been accepted by those who appear to be the owners, and before making the valuation the President has decided the principles on which the compensation when it is fixed will be apportioned.

(3.) The former owner was Muhammad Tayeb; he had a wife named Sarifannessa; he died in November 1895, leaving a widow, five sons and three daughters. The claimant No. 4 is the appellant, and she is one of the daughters. Her claim as to the share that would ordinarily be hers is resisted on the ground that Muhammad Tayeb made a waqf of the property a few months before his death. The question, therefore, that the President had decide was whether the waqf was (sic) not. He held that it was valid, and it is against that decision that the appeal is directed.