AHMED ASMAL MUSE Vs. BAI BIBI

JUDGEMENT

(1.) This suit was originally brought at the beginning of 1913 by the plaintiff. He sued to have a declaration that he was the nearest agnate of the deceased Adam Amanji and that the defendants 1 and 2 acquired no rights by his will, and that therefore, he, the plaintiff, was entitled to the property in suit after the death of defendant No. 1. Admittedly the property in suit is Bhagdari property and comes within the provisions of the Bhagdari Act.

(2.) The trial Court on the 15th October 1914 passed the following order: "Declared that the plaintiff is the nearest agnate of the deceased Adam and is entitled to succeed to his Bhag property in suit after the death of defendant No. 1. Declared that the will of the deceased Adam is inoperative in so far as the Bhag property in suit is concerned, and defendant 2 does not acquire any right to the said property under the said will against the plaintiff. Plaintiff s prayer for the appointment of a receiver is rejected."

(3.) An appeal was filed against that order and the suit was dismissed with costs throughout on the plaintiff by the learned District Judge. On the question whether or not the will of Adam was invalid under Mahomedan law, the learned Judge held that the will was not invalid, and further that the plaintiff was not entitled to impugn it. He, therefore, did not deal with the question whether the plaintiff was entitled to a receiver.