RASHID-UN-NISA Vs. MUHAMMAD ISMAIL KHAN

JUDGEMENT

(1.) Muhammad Sardar Khan, the father of the appellant, died on the 1 May 1888, possessed of a half share in mauza Gaisupur and other property, and leaving as his heirs according to Muhammadan law (1) Ulfafc-un-nisa, an adult daughter by his first wife; (2) the appellant, Rashid-un-nisa, aged four years, daughter by his second wife; and (3) a brother named Mauladad Khan. Each of them was entitled to a third share in the estate. He also left an illegitimate son, named Abdul Majid Khan, for whom he made provision in his lifetime, by a gift of a share in his mauza of Gaisupur, leaving nine biswas of that property to be divided among his legitimate heirs at the rate pf three biswas apiece.

(2.) At the time of his death Sardar Khan was indebted to the following persons: (1) to Fateh Chand for Rs. 8,280-11, under a decree dated the 18 December, 1882; (2) to Achal Das for Rs. 2,500, under a bond dated the 31 January 1882; (3) to Sant Lal and Moti Lal, for Rs. 2,294-1 under a decree, dated the 17 January, 1883; and (4) to his brother Mauladad Khan, under a possessory mortgage deed for Rs. 14,000, dated the 18 May 1886.

(3.) On the 9 May 1888, Mauladad Khan filed an application for mutation of names in respect of Gaisupur in favour of the three legal heirs of the deceased. This application was opposed by Ulfat-un-nisa, on the ground that Abdul Majid (who was then a minor and as to whose illegitimacy she was silent) was entitled to half the estate, to the exclusion of the brother, Mauladad Khan. And the matter was referred to the arbitration of one Abdul Karim Khan, who made his award under date the 12 January 1889, whereby he gave the largest share of the property to Abdul Majid, and reduced the share of the appellant Rashid-un-nisa from 3 to 2? biswas. In this arbitration Ulfat-un-nisa presented herself as acting as guardian of the minors, Abdul Majid and Rashid-un-nisa, and her general attorney, one Siraj Ahmad, signed the award on their behalf. This award seems to have been so far acted on that mutation of names was ordered to be made in conformity with it.