MOHAMMAD AMIN Vs. VAKIL AHMAD
LAWS(SC)-1952-10-4
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on October 22,1952

MOHD.AMIN Appellant
VERSUS
VAKIL AHMAD Respondents


Cited Judgements :-

REJI P MATHEW VS. REMI JOSEPH KUMPALATHU [LAWS(KER)-2008-11-30] [REFERRED TO]
MARIYAMMA THOMAS VS. REMI JOSEPH [LAWS(KER)-2008-11-40] [REFERRED TO]
GOVINDASWAMY CHETTY AND ANR. VS. SAKUNTHALA AMMAL AND ORS. [LAWS(MAD)-1965-7-33] [REFERRED TO]
NAND KISHORE VS. RUKMANI DEVI [LAWS(RAJ)-2012-1-57] [REFERRED TO]
RAGHU MAHTON VS. BULAK MAHTON [LAWS(PAT)-1953-3-9] [REFERRED TO]
AMANAT HUSSAIN AND ORS. VS. SAHIDA BEGUM AND ORS. [LAWS(GAU)-2015-7-13] [REFERRED TO]
SHAIK MOHD ALI ANSARI VS. SHAIK ABDUL SAMED [LAWS(APH)-2012-3-35] [REFERRED TO]
SAYAMAMA VS. CHINNA GOWD [LAWS(APH)-1966-2-29] [REFERRED TO]
SAYAMAMA VS. CHINNA GOWD [LAWS(APH)-1966-2-29] [REFERRED TO]
AVINASH KARNIK VS. AJIT KARNIK [LAWS(BOM)-2019-6-187] [REFERRED TO]
V. SRINIVASAN AND ORS. VS. SUNDARAMURTHI AND ANR. [LAWS(MAD)-1971-4-48] [REFERRED TO]
DEEPCHAND VS. SUKHLAL [LAWS(MPH)-1969-1-11] [REFERRED TO]
THIRUMANGAI NAIDU VS. R SRINIVASAN [LAWS(MAD)-1996-1-99] [REFERRED TO]
R S MADDANAPPA DECEASED AFTER HIM VS. CHANDRAMMA [LAWS(SC)-1965-3-7] [REFERRED 17 ('92) 19 IND APP 203: ILR 20 CAL 296 (PC),SARAT CHUNDER DEY V. GOPAL CHUNDER LAHA 12 2.]
IB B BINDAL VS. BANARSI DAS GUPTA [LAWS(DLH)-1981-8-6] [REFERRED TO]
RUKMANI DEVI VS. NAND KISHORE [LAWS(RAJ)-2012-1-27] [REFERRED TO]
RANA AMERSING GOVINDSING VS. RANA SAMATSINGH HATHUBHA [LAWS(GJH)-1966-9-7] [REFERRED]
COMMISSIONER OF INCOME TAX VS. MOKTAR BEGUM [LAWS(CAL)-1986-5-30] [REFERRED TO]
K. VEERANKUTTY VS. PATHUMMAKUTTY UMMA AND ORS. [LAWS(MAD)-1955-9-15] [REFERRED TO]
S KURSHID BEGUM ALIAS BASU VS. S AJARAM BI ALIAS S HAZARAM BIBI [LAWS(MAD)-1991-9-89] [REFERRED TO]
ANIL MADAN VS. R K MADAN [LAWS(DLH)-2009-8-63] [REFERRED TO]
VIJAY ANANT GANGAN VS. ZENABIBI GULAM [LAWS(BOM)-2023-4-211] [REFERRED TO]
SK ZAFIR VS. SK AMIRUDDIN [LAWS(PAT)-1962-10-1] [REFERRED TO]
JHULAN PRASAD VS. RAM RAJ PRASAD [LAWS(PAT)-1978-3-11] [REFERRED TO]
UNION OF INDIA VS. NARENDRA DHIRUBHAI DESAI [LAWS(GJH)-1966-6-3] [REFERRED]
ALI MOHAMMAD VS. RAMNIWAS [LAWS(RAJ)-1966-11-20] [REFERRED TO]
RUGIA BEGUM VS. IQBAL ALI KHAN [LAWS(APH)-1987-1-27] [REFERRED TO]
SHIVAJI VS. DEOJI [LAWS(MPH)-1972-9-12] [REFERRED TO]
A MARIAMMAL VS. S SUDALAIKANNU THEVAR [LAWS(MAD)-1999-2-106] [REFERRED T0]
GOPALKRISHNA PILLAI VS. MEENAKSHI AYAL [LAWS(SC)-1966-3-13] [REFERRED]
SYED SHAH GHULAM GHOUSE MOHIUDDIN VS. SYED SHAH AHMED MOHIUDDIN KAMISUL QUADRI DIED [LAWS(SC)-1971-2-38] [FOLLOWED]
CENTRAL BANK OF INDIA VS. ANIL PURANMAL BANSAL AND ORS. [LAWS(BOM)-2015-3-286] [REFERRED TO]
UCO BANK VS. ASARAM S/O MOHANLAL SAMDANI [LAWS(BOM)-2016-5-89] [REFERRED TO]
SAJIDA VS. BIBI JAN [LAWS(KAR)-2024-3-22] [REFERRED TO]
DORASWAMY VS. SIVASANKARAN [LAWS(KER)-2014-2-90] [REFERRED TO]
GANAPATI MADHAV SAWANT VS. DATTUR MADHAV SAWANT [LAWS(SC)-2008-1-154] [REFERRED TO]
MOHAMMED VS. SAVITHRI [LAWS(KER)-1962-10-38] [REFERRED TO]
THOTTATHIL SAIDU VS. AMINA AND OTHERS [LAWS(KER)-1969-11-31] [REFERRED TO]
ARUNACHALA MUDALI VS. MARAGATHAMMAL [LAWS(MAD)-1954-8-16] [REFERRED TO]
TIKAM CHAND LUNIA VS. RAHIM KHAN ISHAK KHAN [LAWS(MPH)-1970-4-4] [REFERRED TO]
ABDUL AZIZ VS. CHEMBUKANDY SAFFIYA [LAWS(KER)-2022-7-51] [REFERRED TO]
KALIPADO SAHA VS. LILA RANI SAHA [LAWS(CAL)-1995-1-8] [REFERRED TO]
ABDUL KARIM VS. MANIRAN [LAWS(PAT)-1953-4-17] [REFERRED TO]
MAMMAD VS. NABEESA [LAWS(KER)-1989-2-24] [REFERRED TO]
MOIDU HAJI VS. KUNHABDULLA [LAWS(KER)-1998-6-77] [REFERRED TO]
ABDUL KHALEQUE MONDAL & ORS VS. TALEBUR RAHAMAN MONDAL [LAWS(CAL)-1985-6-36] [REFERRED TO]
VEERAMACHANENI GANGADHARARAO VS. KANURI VENKATGESWARA RAO [LAWS(APH)-1973-7-16] [REFERRED TO]
J. VENKATARAMA REDDY VS. J. LAKSHMI REDDY AND OTHERS [LAWS(APH)-1975-4-34] [REFERRED TO]
ABDUL JABBAR VS. IQBAL BEGUM [LAWS(APH)-1981-2-29] [RELIED 0N]
KALEPU SUBBARAJAMMA VS. TIGUTI VENKATA PEDIRAJU [LAWS(APH)-1983-3-28] [REFERRED TO]
RAMANATHAN CHETTIAR VS. VEERAPPA CHETTIAR AND OTHERS [LAWS(MAD)-1954-8-29] [REFERRED]
K.M. ARDHANARI MUDALIAR VS. ABDUL RAHIMAN AND ORS. [LAWS(MAD)-1955-9-19] [REFERRED TO]
PONNUSWAMI UDAYAR VS. SANTHAPPA UDAYAR [LAWS(MAD)-1962-4-15] [REFERRED TO]
Gulabchand VS. Chhatarsingh [LAWS(MPH)-1960-12-41] [REFERRED TO]
CHIRONJILAL VS. KHATOON BI [LAWS(MPH)-1994-5-16] [REFERRED TO]
KARTAR SINGH VS. HARBANS KAUR [LAWS(P&H)-1992-10-10] [REFERRED TO]
SYED ABDUL JAMIL VS. SHARIFA BIBI [LAWS(ORI)-1995-9-29] [REFERRED TO]
ABDUL SAMAD VS. RASHEEDHA [LAWS(KER)-2017-6-14] [REFERRED TO]
HURMAT VS. KARIM KHAN [LAWS(RAJ)-1992-1-60] [REFERRED TO]
RACHEPALLI ATCHAMMA VS. YERRAGUNTA RAMI REDDI [LAWS(APH)-1956-11-11] [REFERRED TO]
LAILA BEEVI ALIAS LAILA BUHARI VS. N SUMINA ALIAS SUMMAYYA [LAWS(KER)-2009-8-64] [REFERRED TO]
DADU NEMISHA BALWAN VS. SADIK MALIKSO BARGIR [LAWS(BOM)-2020-3-509] [REFERRED TO]
LAKSHMI AMMAL VS. SUBBARAJ [LAWS(MAD)-1974-3-9] [REFERRED TOAT P. 362.]
V P HASHUMAL SOLE PROPRIETOR HASHUMALS VS. BOMBAY HALWA HOUSE [LAWS(MAD)-1983-9-24] [REFERRED TO]
ABDUL KARIM VS. HAFIJ MOHAMMAD [LAWS(MPH)-1988-10-7] [REFERRED TO]
LEENA BOOTWALA VS. ALISAGAR ALIAS SALIM MOHAMMED BOOTWALA [LAWS(BOM)-2008-8-246] [REFERRED TO]
RATTAN LAL VS. MADAN LAL MALHOTRA AND OTHERS [LAWS(P&H)-1978-11-27] [REFERRED TO]
AZAMATIBI AND ORS. VS. AKHTYARBI AND ORS. [LAWS(BOM)-2015-1-304] [REFERRED TO]
HARIRAM S/O PRABHUJI VS. HARISH KUMAR S/O RIKABCHANDJI [LAWS(RAJ)-2023-11-39] [REFERRED TO]
KHARAG NARAIN VS. UNION OF INDIABIBI HAMIDA KHATOON [LAWS(PAT)-1955-7-9] [REFERRED TO]
K VENKATA SUBBAIYA VS. K VEERAIYYA [LAWS(APH)-1955-1-22] [REFERRED TO]
N KRISHNAMURTHY VS. CORPORATION OF CITY OF BENGALURU [LAWS(KAR)-2019-8-88] [REFERRED TO]
G. PREMJEE TRADING PRIVATE LIMITED VS. ABDUL KADER HAJI NOORMOHAMMED [LAWS(BOM)-2021-6-55] [REFERRED TO]
LAKSHMI AMMA VS. SAIDUTTY ALIAS KUNHI BAVA [LAWS(KER)-1967-1-10] [REFERRED TO]
GNANAPRAKASA MUDALIAR VS. B ANANDATHANADAVAN [LAWS(MAD)-1998-3-86] [REFERRED TO]
AMEENA AMMAL VS. SAROJA AMMAL [LAWS(MAD)-1987-8-21] [REFERRED TO]
Gulab Chand VS. Chhatar Singh [LAWS(MPH)-1960-12-28] [REFERRED TO]
AMAR SINGH VS. CHANDRASHEKHAR RAO [LAWS(MPH)-1983-10-2] [REFERRED TO]
AIR INDIA LIMITED VS. ATMA RAM PROPERTIES PRIVATE LIMITED [LAWS(DLH)-1996-4-31] [REFERRED TO]
RAM NARAIN PRASAD SAH VS. RAMJI PRASAD SAH [LAWS(PAT)-1956-1-14] [REFERRED TO]
TAUSIF AHMAD VS. MUNSHI BAHARUDDIN [LAWS(PAT)-1961-8-3] [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal from the judgement and decree of the High Court of Judicature at Allahabad which set aside a decree passed by the Civil Judge of Azamgarh decreeing the plaintiff's claim.
(2.)One Haji Abdur Rahman, hereinafter referred to as "Haji" a Sunni Mohammedan, died on 26-1-1940 leaving behind him a large estate. He left him surviving plaintiffs 1 to 3, his sons plaintiff 4 his daughter and plaintiff 5 his wife, defendant 6 his sister, defendant 7 his daughter by a pre-deceased wife Batul Bibi and defendants 1 to 4 his nephews and defendant 5 his grandnephew. Plaintiff's case is that immediately after his death defendant 1 who was the Chairman, Town Area qasba Mubarkpur and a member of the District Board, Azamgarh and defendant 5 who was an old associate of his, started propaganda against them that they set afloat a rumour to the effect that plaintiffs 1 to 4 were not the legitimate children of Haji and that plaintiff 5 was not his lawfully wedded wife, that defendants 1 to 4 set up an oral gift of one-third of the estate in their favour and defendant 5 set up an oral will bequeathing one-third share of the estate to him and sought to interfere with the possession of the plaintiffs over the estate and nearly stopped all sources of income. It was alleged that under these circumstances a so-called deed of family settlement was executed by and between the parties one 5-4-1940 embodying an agreement in regard to the distribution of the properties belonging to the estate, that plaintiff 3 was a minor of the age of about 9 years and he was represented by plaintiff 1 who acted as; his guardian and executed the deed of settlement for and on his behalf. On these allegations the plaintiffs filed on 25-11-1940 in the Court of Civil Judge of Azamgarh the suit out of which the present appeal arises against defendants 1 to 5 and defendants 6 to 7 for a declaration that the deed of settlement dated 5-4-1940 be held to be invalid and to establish their claim to their legitimate shares in the estate of Haji under Mohammedan Law. Defendant 8 a daughter of plaintiff 5 whose paternity was in dispute was added as a party defendant to the suit, the plaintiffs claiming that she was the daughter of plaintiff 5 by Haji and defendants 1 to 5 alleging that she was a daughter of plaintiff 5 by her former husband Alimullah.
(3.)The only defendants who contested the claim of the plaintiff were defendants 4 to 5. They denied that plaintiff 5 was the lawfully wedded wife and plaintiff 1 to 4 were the legitimate children of Haji. They also contended that the deed of settlement embodied the terms of a family settlement which had been bona fide arrived at between the parties in regard to the disputed claims to the estate of Haji and was binding on the plaintiffs.


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