MUSAMMAT ASGHARI BEGAM Vs. MAULA BAKHSH

JUDGEMENT

(1.) This second appeal arises out of a suit brought by the plaintiff-respondent for sale of a certain property on the basis of a mortgage. The mortgage was in respect of two kinds of property; one was land and the other was a certain money charge created on other property. It is with the latter only that we have to deal with in this second appeal.

(2.) The question is solely one of interpretation of a certain deed. This deed was executed by one Kishori Lal, a zemindar, in favour of two minor children in consideration of the mother of these children having given up her rights to claim an exproprietary tenancy.

(3.) The important portions of the deed are as follows: "Therefore in consideration of the relinquishment of their ex-proprietary rights Rs. 150 a year for maintenance in favour of Mohammad Abdul Hafiz Khan and Mohammad Abdul Aziz Khan minor sons of Mussammat Aliunnissa, daughter of Choudhri Mohammad Hidayat Ali Khan deceased resident of Kasba Balram have been fixed for ever and after them to their descendants and successors-in-interest generation after generation and womb after womb." This is followed later on by the following provision: "The minors during their minority or after attaining majority shall have right to transfer this fixed maintenance to me at any time but they shall have no right of transfer in favour of a stranger (shaksh gair)".