RANI HUZUR ARA BEGAM Vs. DEPUTY COMMISSIONER, GONDA

JUDGEMENT

(1.) Raja Mohammad Mumtaz Ali Khan, taluqdar of the Utraula Estate in the District of Gonda of the Oudh Province, obtained on 22 April, 1930, against Raja Saadat Ali Khan, taluqdar of the Nanpara Estate, two decrees for the recovery of certain sums of money. These decrees were based upon an award made by the Commissioner of Lucknow Division on 8 April 1930. The award after finding the amounts of money due to the taluqdar of Utraula, concluded as follows : The payment of the annuity to the Raja of Utraula will cease on his death. But should his death occur before the liquidation of the arrears amounting to Rs. 2,09,919, payment of these arrears will be completed to his heirs.

(2.) Raja Mohammad Mumtaz Ali Khan died on 4 March 1984, leaving him surviving four persons who were his heirs under the Mahomedan law ; namely his widow Rani Huzur Ara Begam, his minor daughter Rajkumari Fatma Begam, and two minor sons Raja Mohammad Mustafa Ali Khan and Iqbal Ali Khan. On 18 September 1934, the widow, Rani Huzur Ara Begam, on behalf of herself and as guardian of her daughter, filed in the Chief Court of Oudh two applications for execution of the two decrees. The total amount, for which execution was sought, was Rs. 1,85,925-2-8 with reference to one decree, and Rupees 11,43,227-5-4 with reference to the other decree. The applications expressly stated that they were made by the widow in her personal capacity and as guardian of her minor daughter, and also for the benefit of the two minor sons. The judgment-debtor challenged the right of the widow to execute the decrees obtained by her husband. Her right was disputed also by the Deputy Commissioner of Gonda who, as the representative of the Court of Wards, was in charge of the persons and properties of the two minor sons. He asserted that under the law and the family custom of single heir succession, the estate of Raja Mohammad Mumtaz Ali Khan, including his rights under the decrees, devolved on his elder son Raja Mohammad Mustafa Ali Khan alone ; and that neither the widow nor his other children were entitled to succeed to any portion of his estate. He accordingly denied the right of the applicant to execute the decrees.

(3.) Now the taluqdar of the Utraula Estate is named in list 2 of the taluqdars prepared under S.8, Oudh Estates Act, 1 of 1869, whose estate, according to the custom of the family on or before 13 February 1856, ordinarily devolved upon a single heir. S. 10 of the Statute provides that the Court shall take judicial notice of the said list and regard as conclusive the fact that the person named therein is such taluqdar.