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1932 Supreme(All) 176

MUKERJI
Mt. kishwar Jahan Begam – Appellant
Versus
Zafar Mohammad Khan – Respondent


JUDGMENT

Mukerji, Ag. C.J.

1. This is an appeal by the defendant in the suit and she raises two questions: one of construction of a document and the other of law. There is a pedigree appended to the plaint which explains the relationship that exists between the parties. It appears that Mt. Bismilla Begum, the mother of the defendant, executed, among other documents, a deed of wakf by which she sought to confer certain benefits in certain properties on Akhtar Jahan Begum and after her on some other persons. We have to decide whether the plaintiff-respondent is one of those some other persons to benefit under the deed of wakf. The document is dated 24th September 1926. It has not been translated and printed but the original document has been read out to us and we are of opinion that the Court below was right in its construction of the document. The document says at two places that on the death of Akhtar Jahan Begum her heirs, according to the Mahomedan law; would be entitled to the profits (from the property) which were being enjoyed by Akhtar Jhan Begum. The learned Counsel for the appellant has argued that Bismilla Begum really meant to say that the lineal descendants of Akhtar jahan

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