LAWS(PVC)-1926-12-86

SAHEBZADA FARIDUN SEKO Vs. SAHEBZADI JEHANARA BEGUM

Decided On December 14, 1926
SAHEBZADA FARIDUN SEKO Appellant
V/S
SAHEBZADI JEHANARA BEGUM Respondents

JUDGEMENT

(1.) Zuhura Begum, one of the wives of Tipoo Sultan, by a deed, dated 1255 B.S. (1848), founded a wakf, to which the proceedings which form the subject-matter of this Rule relate. By this deed one Haider Seko was appointed the first mutwalli and he was to remain in possession of the endowed property naslan bad naslan. Haider Seko was succeeded in the office of mutwalli by his son Mahomed Seko and then by his granddaughter Rowshan Jehan Begum. In 4909 one Fakir Mahomed and another, person instituted a suit (No. 37 of 1909) for removing Rowshan Jehan Begum from the mutwalliship. Daring the pendency of this suit, and in January 1910, Rowshan Jahan Begum died leaving an infant daughter Jehanara Begum by her first husband and cousin Asab Seko. The said Jehanara Begum is the opposite party in this Rule. Rowshan Jehan Begum had been married a second time on the death of her first husband to Faridun Seko who is the petitioner before us. On the death of Rowshan Jehan, Begum, Suit No. 37. of 1909 was dismissed, on the 1st, February 1910 as being no longer maintainable. Several proceedings then arose in connexion with this wakf of which mention need be made here of the following.

(2.) One Mirza Mahomed Ali Noki applied to be appointed mutwalli alleging that Jehanara Begum was a minor and so ineligible to be appointed. To this objections wore put forward by one Abbas Ali and one Ahmed Seko respectively, each of them also claiming to be appointed mutwalli in his own right. The opposite party Jehanara liegi in represented by her stepfather Faridun Seko, the petitioner, also objected to the appointment of Mirza Mahomed Ali Noki and put forward her own right to the mutwalliship. Aga Abbas Ali and Faridun Seko also filed independent applications under Act 8 of 1890 to be appointed guardian of the person and property of the minor Jehanara Begum. On the 10 August 1910 the District Judge of 24 Parganaas made an order by which it was directed that in the event of the appointment of Jehanara Begum as mutwalli, Faridun Seko would be appointed guardian of the person and property of the minor on his furnishing substantial security. Subsequently all the aforesaid proceedings came up for final decision before Mr. Richardson, as he then was, the Dictrict Judge of 24 Pargannas.

(3.) On the 21 December 1910 by an order which is remarkable for the anxious and punctilious care with which the interests of the endowment as also of the minor were meant to be safeguarded - a characteristic of all orders in similar matters which used to ha passed by that learned Judge - the learned Judge disposed of all the said proceedings. He held that the applications of Mirza Mahomed Noki, Aga Abbas Ali and Ahmed Seko to be appointed mutwalli, in so far as they purported to claim the office of mutwalli in supersession of Jehanara Begum, all failed and were to be dismissed. He held that as he was not going to appoint Jehanara Begum, as mutwalli at the moment, the condition mentioned in his predecessor's order, dated the 10 August 1910, under which Paridun Seko was to he appointed guardian of Jehanara Begum on his furnishing sufficient security, was not fulfilled and that order became inoperative. He then proceeded to say this: But inasmuch as I expressly recognize and declare the right of Jehanara Begum to succeed to the office when she attains her majority, the position is very much the position, which my predecessor contemplated and I am opt prepared definitely to select any person other than Faridun Seko to discharge the duties of the office during the period of minority. In other words, I think that it would be a hardship possibly contrary to the spirit of the foundation deed not to give him an opportunity to show his fitness to discharge those duties. But I do not select him finally.