MT TASKIN FATMA Vs. MOHAMMAD MUNIM BAKSH

JUDGEMENT

(1.) This appeal is directed against an order made by the District Judge of Budaun on 4 March 1927, in Miscellaneous Case No. 34 of 1920.

(2.) In order to understand the matter which is in contention before us, it is necessary to say that the appellant here, Mt. Taskin Fatma, is a minor, the daughter of one Ghafur Baksh, deceased. She is now married to Qayum Baksh who after becoming her husband, was appointed by the District Judge of Budaun as the guardian of Taskin Fatma's person and property under the Guardians and Wards Act 8, 1890. Before Qayum Baksh married this minor girl her guardian in the Court of the District Judge was her uncle Sattar Baksh, and while Sattar Baksh was acting as guardian under the Court, he, with the consent of the District Judge, entered into certain arbitration proceedings in order to settle disputes between the sons of the deceased Ghafur Baksh and this girl Mt. Taskin Fatma, regarding the division of the property. Admittedly an award was passed and that award was subsequently made a rule of the Court.

(3.) In the mon August, 1926, after Qayum Baksh had been appointed guardian of his wife, he presented a petition to the District Judge, asking for the Court's permission to institute a suit on behalf of his wife for the purpose of having the award and the decree, which had been passed set aside on the ground of fraud and collusion.