NAWAB IBRAHIM ALI KHAN Vs. UMMAT-UL-ZOHRA

JUDGEMENT

(1.) THE appellant in this case, who was the defendant in the original suit, is the eldest son of the late Nawab General Muhammad Hasan Khan, who in these proceedings has been commonly called " the General." The respondent, who was plaintiff below and who does not now appear, is his eldest daughter. He died on. June 25, 1886, leaving also another son and another daughter. This suit was instituted by the plaintiff to obtain her legal share of the General's estate. The defendant does not dispute her right to that; but as regards a sum of Rs.1,01,000 secured by Government promissory notes, and a sum of cash the produce of those notes, he contends that they form no part of the General's estate, but are his own property by virtue of a gift made by the General in his lifetime.

(2.) THE other son and daughter also sued for their shares, and were met by the same plea. They obtained decrees in their favour from the Subordinate Judge of Agra, but pending appeals to the High Court compromises were effected ; and these previous suits are of no importance now except for the circumstance that evidence taken in them has by consent been used in this suit.

(3.) TO determine that it is necessary to see first what was the position of the parties at the time, and secondly how they conducted themselves between that time and the General's death.