Abdulla vs Shams-Ul-Haq - 1920 Supreme(All) 473

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1920 Supreme(All) 473

GOKUL PRASAD, RYVES
Abdulla – Appellant
Versus
Shams-Ul-Haq – Respondent

JUDGMENT

Ryves and Gokul Prasad, JJ. - The facts which have given rise to this appeal are briefly as follows: One Sheikh Bakshu, who owned a 13 bigha 8 biswa and 10 dhur share, died after the mutiny leaving his two sons, Kadir and Amir, as his heirs, Amir left a widow, Musammat Azima, defendant No. 5, and a minor son Abdullah, plaintiff, as his heirs. Musammat Azima took possession of the whole of the estate of Amir deceased, that is of J in her own right as an heiress and of 7/8 in lieu of her dower. Later on Musammat Azima married her deceased husband's brother Kadir. So that as far as actual possession of the estate of Sheikh Bakshu was concerned, it was with Azima and Kadir. On the 7th of February, 1872, these two persons transferred half of the property which originally belonged to Sheikh Bakshu to Sheikh Rasai. One of the points for decision in this appeal would be as to what was sold under this deed and what effect the deed would have on the rights of the respective parties to this appeal.

2. The plaintiff's case is that what was actually sold was the half share of Amir over which Azima was in possession as mortgagee, and that Rasai and after him his representatives, defendant

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