Mt. Latifunnissa vs Najmuddin Shah - 1935 Supreme(All) 436

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1935 Supreme(All) 436

Mt. Latifunnissa – Appellant
Versus
Najmuddin Shah – Respondent

JUDGMENT

1. This appeal arises from a decree passed by the Subordinate Judge, Cawnpore, in a suit brought by the appellant, Mt. Latifunnisa, for a declaration that a "wakfnamah," dated 24th September 1926, purporting to have been executed by her, and a deed of agreement of even date also-purporting to have been executed by her, are void against her and do not affect her proprietary interests in the property detailed in Schedules 1 and 2, appended to the plaint, and for recovery of possession of a house mentioned in Schedule 3, which is identical with one of the four items of property mentioned in Schedule 1. It has been mentioned in a separate schedule in addition to its reference in Schedule 1, because the plaintiff claims possession of this house, while in respect of other property her suit is confined to a mere declaratory relief. The suit was dismissed by the trial Court which left certain issues undetermined. On the hearing of this appeal a Bench, of this Court remanded the suit for a finding on a number of issues stated in an order dated 8th November 1932. The findings on those issues have since been received, and we have heard learned Counsel for the parties on the whole case

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