Irfan Ali vs Bhagwant Kishore - 1928 Supreme(All) 107

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1928 Supreme(All) 107

NIAMATULLAH, SEN
Irfan Ali – Appellant
Versus
Bhagwant Kishore – Respondent

JUDGMENT

Sen, J. - This is an appeal from the judgment and decree of the Subordinate Judge of Agra, dated 7th May 1925, dismissing the plaintiffs' suit for a declaration that the property specified in Sch. A. of the plaint was endowed property and as such was not liable to attachment and sale in execution of the decrees held by Kedarnath, defendant 2 and by Shankar Lal, defendant 3 against Hakim Saiyed Ali Ahmad, defendant 4.

2. Hakim Saiyed Mubarak Ali was a Mahomedan of the Hanif sect. His estate consisted of a residential house, 6 small houses which used to be rented out for shops and zamindari shares in two villages, namely, Nagla Patam and Phulpur.

3. His family consisted of his wife, Mt. Sitara Begam, two sons, Hakim Saiyed Nisar Ahmad and Hakim Ali Ahmad (who figures in the suit as defendant 4) two daughters, Mt. Mustafa Begam and Mt. Murtaza Begam and a grandson named Saiyad Wahajuddin.

4. On 22nd June 1909, he executed a will which sets out in detail the properties owned by him. This will which appears to have been attested by his wife, his sons and daughters and duly registered by the Sub-Registrar of Agra provided that one-third of the income of his property after paying the