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MALIK, KIDWAI, AGRAWAL, V. BHARGAVA, CHATURVEDI
KHALIL AHAMAD KHAN – Appellant
Versus
MALKA MEHAR NIGAR BEGUM – Respondent
Malik, CJ. V. Bhargava and Chaturvedi, JJ.
[1] These two appeals were referred to a bench of five Judges by a Division Bench of this Court on the 7th of February 1951.
[2] The appeals arise out of two suits relating to a 'wakf' created by Sohani Begam. A small pedigree will help in understanding the facts of this case.
SOHANI BEGAM _________________|__________ | | Malka Mehar Nigar Begam Amdi Begam =Dr. Mahmud Ali Khan =Mohammad Hussain | _______|______________ Maqsood Ali Khan | | Khalil Ahmad Siddiq Ahmad
On the 23rd of March, 1929, Sohani Begam executed a 'wakf alal aulad' under which she constituted herself as the first 'mutwalli' and, after her death, her daughter, Malka Mehar Nigar Begam, was to be the next 'mutwalli'. The relations, however, between the mother and the daughter grew strained and, on the 29th of November, 1938, Sohni Begam executed another document under which she purported to cancel the provision relating to the appointment of mutwalli after her.
[3] On the 14th of December, 1943, Sohani Begam died and disputes arose between Malka Mehar Nigar Begara and Khalil Ahmad about tile possession of the 'wakf property. Malka Mehar Nigar Begam filed a suit, o
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