NAJIBAN Vs. HAKIM MUHAMMAD IKRAM-UD-DIN

JUDGEMENT

(1.) IN October, 1887, the present appellant was married to Mussamat Imami Begum. She was then about sixty years of age, and the appellant was some sixteen years younger. Mussamat Imami Begum had been twice previously married, and from one of her former husbands she had inherited a considerable fortune, and at the date of her marriage to the appellant was a woman of large wealth. On the other hand the appellant appears to have been a person of very small means.

(2.) MUSSAMAT Imami Begum executed a power of attorney dated November 3, 1887, in favour of the appellant by which she empowered him to collect her rents and grant receipts, and exercise other large powers over her property.

(3.) MUSSAMAT Imami Begum died in the month of January, 1888, and shortly afterwards the present respondent and her sister since deceased, alleging themselves to be the lawful sisters and co-heiresses of the Mussamat, commenced this suit against the appellant. By their plaint the plaintiffs denied the marriage between the Mussamat and the appellant, and alleged that he had taken exclusive possession of and appropriated without any title the bulk of her movable and immovable property. As to the sale deed they alleged that the Mussamat had no knowledge of that deed nor was it read out to her, nor could she have understood it as she was under the influence of liquor, and that in short the sale deed, being spurious, forged, and without consideration, was void. The prayer of the plaint was for possession of the villages (including the two in question), and other property as detailed, and that should the defendant prove the sale of the two villages to be genuine the sale consideration thereof instead of possession should be awarded to the plaintiffs against the defendant along with the movable property, and for possession of the Mussamat's movable property or payment of its value. The appellant by his statement of defence denied the title of the plaintiffs and relied on the sale deed.