SHEIKH FAZAL AHMAD Vs. MUSAMMAT RAHIM BIBI

JUDGEMENT

(1.) This and the connected appeals arise out of two suits which related to certain property, moveable and immoveable, which belonged to one Manzur Ahmad, who died on the 2nd of September 1912. Manzur Ahmad, although he bad been married (four times it is stated), never had any children. His heirs were, first, Fazal Ahmad (his paternal uncle), secondly, his mother Musammat Rahim Bibi, and thirdly, his two widows Musammat Qamarannissa and Musammat Jilani Begam. Under the Muhammadan Law of inheritance Fazal Ahmad would have been entitled to 10 sihams out of 24, Rahim Bibi to 8 sihams and the two widows to 6 sihams between them. Fazal Ahmad was not only uncle to the deceased but he was also the father of Musammat Jilani Begam, his youngest wife. Before his death Manzur Ahmad was possessed of a considerable amount of property. He had deposited in the bouse of Lala Khub Chand {.banker) the sum of Rs. 16,876. He had also in cash in his house the sum of Rs. 8,500 and 4,000 sovereigns (equal to Rs. 60,000) which was buried in a house which was occupied by Jilani Begam. He had also Rs. 58,000 on fixed deposit with the Allahabad Bank. Besides this cash, the deceased was possessed of some house property and a considerable amount of Zemindari property, including two villages called Mauza Bithaura Kalan and Manza Amkhera. These two villages were worth about two lakhs of rupees. The property of the deceased was worth probably between 5 and 6 lakhs (if jewellery, ornaments etc., be included).

(2.) Very shortly before his death, Manzur Ahmad bad transferred the two last mentioned villages to his mother Musammat Rahim Bibi. He had also given her the 4,000 sovereigns. He caused the Rs. 16,876 deposited with Lala Khub Chand to be transferred to her name. The Rs. 8,500 in cash had also been brought to the house of Lala Khub Chand and placed to the credit of Musammat Rahim Bibi. It thus appears that the deceased transferred, very shortly before his death, property and money to the extent of Rs. 2,85,376.

(3.) After the death of Manzur Ahmad there was litigation in the Revenue Court as to mutation of names with regard to the two villages to which we have referred, with the result that Fazal Ahmad succeeded in having his name recorded as one of the heirs of Manzur Ahmad, and he was appointed Lambardar. This suit was thereupon instituted in the Civil Court and Musammat Rahim Bibi claims against the other heirs that she is entitled to the villages by virtue of a deed, dated the 29th of August 1912. In the other suit Fazal Ahmad in plaintiff and seeks therein (amongst other things) his share of the four thousand sovereigns, of Rs. 16,876 and of Rs. 8,500.