1927 (2) TMI 20

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eferential right to the payment of the moneys secured by their mortgage in priority to one Rani Barkatunnissa. 2. The learned Subordinate Judge decided that the mortgage was effective in so far as it concerned the share of the wife and of the two major sons, Defendants Nos. 1 and 2. He also held with regard to Rani Barkatunnissa that she stood on an equal footing as regards her advances with the plaintiffs. The plaintiffs appealed from this decision, and the ground they took is that as between Khurshed Ali Mian and Mt. Latifunnissa, his wife, Mt. Latifunnissa was the owner of the entire property, and as such was competent to mortgage it. They alleged the further ground that the sons and daughters were not competent to question the validi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rise in this appeal. If we are of opinion that as between Khurshed Ali Mian and Mt. Latifunnissa the latter was the owner of the entire property by virtue of the decree of the 18th of August 1896, collusive though it was, then the plaintiff is entitled to succeed as against the only two respondents who are appearing. They are respectively Mt. Hasina Begam and Mt. Farmudi Begam. The appellants assert that this statement is a correct representation of the law and further that the two appellant daughters cannot question the validity of the decree passed in favour of their mother against their father. We are of opinion that both these points are well-founded, and we have been guided to that decision by the principles laid down in the case of Ch....