Mohammad Khan vs Mt. Nasiban - 1930 Supreme(All) 353

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(All) 353

MUKERJI
Mohammad Khan – Appellant
Versus
Mt. Nasiban – Respondent

JUDGMENT

Mukerji, J. - We do not think that there is any force in this appeal. The facts are given in extenso in the judgment of the learned single Judge of this Court and briefly may be stated as follows: A Mahomedan Wahid died leaving him surviving one son and five daughters. He was in debt when he died. The son gave a promissory note in payment of one of the debts. The creditor on foot of the promissory note brought a suit against the son alone and having obtained a decree brought a, house belonging to Wahid to sale. The five daughters of Wahid now ask for a declaration that they have got their share (five-sevenths) in the property. This decree they have got and the decree is unhampered by any direction; that the plaintiffs must pay a proportionate share of the debt due on the promissory note, before they can obtain the declaration.

2. In this appeal the auction-purchaser of the house contends that the daughters of Wahid cannot get their share without contributing towards the debt of their father. The simple answer to this question is that there was no debt of the father to pay which the property was sold. The son of Wahid took upon himself the responsibility of executing a promis

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