Judgement

Consolidated Appeal (No. 150 of 1920) from a judgment and two decrees

Law Rep. 49 Ind. App. 195 ( 1921- 1922) Mohammad Abdul Ghani V. Fakhr Jahan Begam

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(December 19, 1917) of the Court of the Judicial Commissioner, reversing a decree of the Subordinate Judge of Kheri.

The suit was brought by the appellants to eject the respondents from certain immovable property in Oudh, in circumstances which are fully stated in the judgment of the Judicial Committee.

The main questions for determination in the appeal were two—namely, (1.) whether as to the immovable property in suit a deed executed on March 7, 1884, by Munni Bibi, the widow of a Sunni Mahomedan taluqdar, was to be construed as making a gift inter vivos to Lutf Ullah Khan, or as an intended disposition by will, and (2.) whether, if the deed constituted a gift, possession had been taken of the property so as to satisfy the requirements of Mahomedan law. A further question arose in the Courts below— namely, as to the right which Munni Bibi, as devisee from her husband of a taluqdari estate held by him under a primogeniture sanad, had power to dispose of it by will— was concluded by the decision of the Board in Ghulam Ab