MT NABI-UN-NISSA Vs. LIAQAT ALI

JUDGEMENT

(1.) This is an appeal by one Mt. Nabi-un-Nissa, who was defendant 1 in the suit out of which this appeal has arisen.

(2.) One Irfan Ali died leaving two widows, the elder of whom is the appellant before us and four children. Out of the children there was only one son, Muzaffar Ali, who figured in the suit as defendant 3. The wives and demandants of Irfan Ali, were impleaded as defendants. Irfan Ali purported to create a waqf of his property by a deed, dated 11 June 1918. This waqf was created under Act 6 of 1913, and was meant mostly for the benefit of his wives and children; He directed that 1/30 part of the income of his property should go for the benefit of two schools. On the death of Irfan Ali, the appellant sued the remaining heirs of her late husband for her dower. The result was a compromise, by which certain portions of the property left by Irfan Ali were given to her in satisfaction of a portion of her dower, and she was permitted to proceed, by way of execution, against other portions of the waqf property. Thereupon, the plaintiffs to the suit, who were the managers of the two institutions, who were to benefit, in part, by the waqf, instituted this suit to obtain a declaration that the waqf was a valid and good one and was binding on all concerned.

(3.) The suit was contested by defendant 1 alone. She pleaded, inter alia, that the waqf was bad in law inasmuch as the mutwalli appointed by the waqif was a minor, namely, his son Muzaffar Ali, that the waqf was never acted upon, that it was a device to deprive her of her dower debt, the amount of which was Rupees 50,000, and that if anything appeared to show that she was a consenting party to the waqf, it must be remembered that she was a pardahnashin lady of low understanding.