Judgement

Appeal from a judgment and decree of the High Court (August 30, 1911) affirming a decree of the second Subordinate Judge of Saran.

By a registered deed of sale dated June 10, 1906, and made in consideration of Rs. 10,000, Enayet-uz-Zohra (respondent No. 3) purported to convey to the first two respondents the shares of herself and of her minor son and daughter (respondents Nos. 4 and 5) in the property inherited by them respectively from Ismail Ali Khan, deceased. The deed was expressed to be made by the mother on behalf of herself and as guardian of her two minor children, but she had not been appointed their guardian under the Guardian and Wards Act (VIII. of 1890). Zohra claimed that she had been married to the deceased, a Mahomedan of the Sunni sect, and that her said children were his legitimate children. An application by the transferees for registration was opposed by the widows of the deceased (appellants Nos. 1 and 5), who applied for registration in the names of themselves and their children. The former applica tion was rejected and the latter allowed, and that decision was subsequently affirmed by the Collector and Commissioner.

On March 25, 1909, the first and