AMEEROONISSA KHATOON Vs. ABEDOONISSA KHATOON

JUDGEMENT

(1.) THIS suit was brought in the Civil Court of Dacca by Moulvie Wahid Ally against his father Moulvie Abdool Ally, in his own right and as the heir of his deceased wife Eftekhurunissa, and as the husband of another wife, Ameeroonissa, to set aside three ikrarnamahs, or agreements, on the allegation that they were forged. Those ikrars, if genuine, modified the operation of three hibbanamahs, or deeds of gift, two purporting to be executed by his father, and one by his mother Noorunissa, containing ostensibly absolute gifts to Wahid Ally of various properties of considerable value. The plaint also prayed that Wahid Ally might be put into possession of these properties, and that the decree of the magistrate in a suit under Act IV of 1840, maintaining his father in possession, might be set aside. Mr. Barry and others, claiming under pottahs from the father, were also made Defendants. Their title must stand or fall with Abdool Ally's; and they did not appear on the hearing of this appeal.

(2.) THE questions in the suit relate to the genuineness and validity of the three hibbanamahs and the three ikrars. Each of them was on some ground impeached.

(3.) THE High Court reversed this decree, and the grounds and nature of their own decree, which is the subject of the present appeal, are thus stated at the conclusion of their judgment. "Our decree will proceed on the basis of the validity of the three deeds of gift and the invalidity of the latter documents (the ikrars). We shall declare; that Moulvie Wahid Ally was in his lifetime, and that those who are now by law his heirs and representatives are entitled to a decree for setting aside the documents relied upon by the Respondents, and for the recovery of the property sued for."