MIR AKBAR ALI Vs. MIR ABDOOL ALI

JUDGEMENT

(1.) This was an enquiry under Section 244 of the Civil Procedure Code and raises an interesting question under Maho-medan law, namely, how far the Shia law recognises what is known in English law as a vested remainder.

(2.) The parties to the suit were Shias : the father and mother of the defendants, being plaintiffs and the defendants were as follows:-Defendants 1, 2 and 3 were the children of the 1 plaintiff by a deceased wife and defendants 4 to 7 his children by the 2nd plaintiff and in their plaint the plaintiffs sought to hare it declared that a certain deed, dated the 2nd March 1890, mentioned in the plaint, was void and inoperative as against them; and that the same might be ordered to be delivered up by the 1 defendant to be cancelled; and that the 1st defendant might be ordered to deliver up to them all the properties which he has taken possession under cover of the said deed and specially a certain property specified in Ex. C to the plaint, situate at Bhendi Bazar.

(3.) The effect of the plaint, so far as relates to the said deed, was that the 1 defendant had obtained the same fraudulently and by improper means from the 1 plaintiff and that the said deed purported to makeover to the 1 defendants sole trustee under certain trusts the whole of the property, moveable and immoyeable, of the 1 plaintiff and the property settled on the 2nd plaintiff by the Indenture, hereinafter mentioned, reserving only the right of residence to the 1 plaintiff and that the recitals in the said deed were untrue and the trusts as such left very large powers to the 1 defendant making him in fact the master over the whole family.