SHAH MANZOOR HASAN Vs. BIBI SHAMSHUL NAHAR

JUDGEMENT

(1.) This is an appeal by the defendant who is aggrieved by the decision of the Subordinate Judge of Bhagalpur dated 23 January 1947 by which he affirmed the decision of the trial Court and decreed the plaintiff's suit. The question for determination depends upon the proper construction of some Persian words in a wakf deed. As the rights of the parties were being finally: decided, I thought it desirable to send this case to a Division Bench for hearing.

(2.) We have heard the arguments at length and a number of Persian Dictionaries have been referred to in the course of the arguments by the learned advocates of both sides.

(3.) This geneological table is accepted as correct by the parties. Shah Enayat Hussain created a wakf by a document dated 6 February 1872 by which inter alia he directed that a payment should be made for the maintenance of his nabiragan and also of such persons who may be born in future of his male descendants this interpretation of the document is the subject of keen controversy between the parties. Shah Enayat Hussain had two sons, Shah Asadullah and Saheb Jahan who died in his life time leaving no issue. Assadullah had three sons, Amir Alam, Benazir Alam and Fateh Alam, and a daughter Noor Jahan, who was the eldest of all. Noor Jahan had two sons, Kutub Alam and Noor Alam. Benazir Alam had two sons and four daughters. The plaintiff is one of the daughters of Benazir Alam. Fateh Alam had one son Pakhre Alam and three daughters.