Muhammad Hussain vs Bashiran - 1914 Supreme(All) 390

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1914 Supreme(All) 390

PIGGOTT
Muhammad Hussain – Appellant
Versus
Bashiran – Respondent

JUDGMENT :

1. The point raised in this appeal is a simple one. Mt. Waliunnissa was in prossession of her late husband's estate as security for her unpaid dower debt at the time when her husband died. She has executed a deed of gift, which purports to be a gift of the estate left by her late husband, in favour of the defendant appellant Mohammad Husain who is her son. The plaintiffs-respondents are sisters of the defendant. Mt. Waliunnissa having died since, the plaintiffs sue the recover possession of their shares by inheritance in the estate of their late father, together with the cancellation of the transfer, in favour of the defendant in so far as that transfer affects their shares. The claim has been decreed by both the Courts below.

2. In second appeal to this Court three points are raised by the memorandum of appeal, but the first and third of these have not been pressed. The plea on which the appeal is pressed is that the right of Mt. Waliunnissa to continue in possession until her dower debt was satisfied was a transferable right, and must be presumed to have been transferred by her to the defendant. From this it is contended that, though the plaintiffs may be entitled to a d

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