Judgement

(No. 14 of 1918) from a judgment and decree (August 12, 1915) of the High Court reversing a decree of the Subordinate Judge of Coimbatore.

The parties were Lubbai Mahomedans of the Sunni sect residing in the Coimbatore district. The suit was brought by the appellants, who claimed to recover their share according to Mahomedan law of the estate of one Muhammad Hussain Rowther who died in 1904. The defence was that the parties were governed by a custom whereby females were excluded from inheriting. The facts of the case and the terms of the plea appear from the judgment of the Judicial Committee.

Law Rep. 49 Ind. App. 119 ( 1921- 1922) Muhammad Ibrahim Rowther V. Shaikh Ibrahim Rowther

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The Subordinate Judge of Coimbatore, who tried the case, held that the custom was not established.

On appeal to the High Court that decision was reversed and the suit dismissed. The views of the learned judges (Sir John Wallis C.J. and Srinivasa Ayyangar J.) appear shortly from the present judgment; the appeal to the High Court is reported at I. L. R. 39 M. 664.

1921. Dec. 1. Dube for the appellant referred to the Madras Civil Courts Act (III. of 1872), s. 16, Mirabivi v. Vellayanna (( 1885