HOSSEINI BIBI Vs. MAHOMED BUKSH KHAN

JUDGEMENT

(1.) IN this case the suit is brought to recover property contained in a hibbanama or deed of gift bearing date the 30th of May, 1881, and purporting to be executed by a widow lady named Shahzadi Bibi, who is dead. The persons to whom the hibbanama purports to convey the property are grandchildren of Shahzadi, the infant children of her daughter Omda, who had died a very short time before. The ground of action alleged by the plaint is that the hibbanama was a fabricated document, and that the alleged signature of Shahzadi was a forgery.

(2.) TO understand the story and the position of the parties, it is necessary to give a short sketch of the pedigree of the family. Shahzadi Bibi was the daughter of Sikundar Ali and Hesamut Bibi; she had two brothers, Nawab Ali and Mannujan. Nawab Ali married a person of the name of Hedayat. Shahzadi Bibi herself married one Nubi Buksh. By him she had only two children, both daughters, Omda Bibi and Hosseini Bibi. Omda Bibi married Mahomed Buksh Khan, and by him had nine children, who are the infant Appellants. Hosseini married Bubidad Khan. Mahomed Buksh Khan was the son of Jehangir Buksh Khan. Jehangir married a person of the name of Mahamdu. Mahamdu's mother was Hasan Bibi. Jehangir's mother was Bousham Bibi, who also appears to have been the mother of Nubi Buksh and the sister of a lady called Daem Bibi, who was grandmother, or in the position of grandmother to Shahzadi.

(3.) NOW there is no question as to the genuineness of that document. It is executed by Shahzadi, by the pen of Mahadeo Lal, her general mokhtar; but she also authenticates it by writing upon it some words in Hindu "likha-se-Janoge," which are said to mean, "From what is written you will know." Among the attesting witnesses were Jehangir Bulcsh Khan, Jewan Lal, Mahadeo Lal, and Dost Mahomed Khan, who were examined in this suit in connection with the execution of the hibbanama of the 30th of May, 1881. It is not unimportant to observe that it. appears by the attestation of the hibbanama of 1876 that Dost Mahomed Khan was the person who then identified Shahzadi Bibi, which confirms his statement in this case that he was in the habit of appearing before her.