BANOO BEGUM Vs. MIR ABED ALI

JUDGEMENT

(1.) These appeals arise out of proceedings in execution of a decree, passed by consent on the 22 December, 1891, whereby it was directed (amongst other things) as follows :- And this Court doth further order that the land and dwelling house situate at Bhindi Bazar or Parel Road in Bombay bearing ward No. 8099, Street Nos. 558, 60, 62, 64 and 123 and Collector of Land Revenue old No. 720, new No. 7892 and old survey No. 1174 and new survey No. 7539 be held and enjoyed by the second plaintiff for her life and from and after her death that the same be sold by public auction and the net proceeds thereof be divided among the six sons of the first plaintiff , Khan Bahadur Mir Akbar Ali and their heirs in equal shares after setting aside a sum of Rupees three thousand oat of the said sale proceeds for the death ceremonies of the plaintiffs and also for the Mohrum ceremonies and that this sum shall be dealt with in accordance with any direciions in that behalf that may be given by the second plaintiff by a writing under her hand or by her will and that the said second plaintiff do keep the said property in proper repair during her life and do pay all outstandings therefor.

(2.) The first plaintiff was Akbar Ali, the second plaintiff was his wife Umda Begum and the six sons of the first plaintiff Abdul Ali, Abed Ali, Afzal Ali, Asgar Ali, Fatteh Ali and Zoolficar Ali and his daughter Bibijan were the defendants. Akbar Ali died in April 1894. On the 11 January 1898, Afzal Ali and Asgar Ali purported to transfer to Abdul Ali all their right title interest and share under the decree in the premises at Bhendy Bazar Street and also their one-third part or share in the moneys to arise from the sale.

(3.) In 1899 Afzal Ali died. On the 17 of June 1903, a transfer was expressed to be made by Fatteh Ali and Zoolficar Ali in favour of Abdul Ali of his right title interest and share in the property and the proceeds of sale.