Skip to content


Mir Safdar Ali Vs. Mirza Maksudali Beg. - Court Judgment

LegalCrystal Citation
SubjectProperty;Family
CourtMumbai
Decided On
Judge
Reported in(1930)32BOMLR484
AppellantMir Safdar Ali
RespondentMirza Maksudali Beg.
DispositionAppeal dismissed
Excerpt:
.....descendants in perpetuity', that the expression 'lineal descendants' included descendants in the female line. - section 3: [s.b. mhase, d.s. bhosale & a.s. oka, jj] offences of atrocities - complaint under held, merely because the caste of the accused is not mentioned in the fir stating whether he belongs to scheduled caste or scheduled tribe, it cannot be a ground for quashing the complaint. after ascertaining the facts during he course of investigation it is always open to the investigating officer to record tht the accused either belongs to or does not belongs to schedule caste or scheduled tribe. after final opinion is formed, it is open to the court to either accept the same or take cognizance. even if the charge sheet is filed at the time of consideration of the charge, it si..........is whether the plaintiff was disentitled to maintain his suit because ho claimed through a female as one of the lineal heirs of the inamdar, mir akbar ali, who was entitled to the inam grant of the lands in dispute. that these lands were inam lands, that mir akram ali held them as the inamdar, and that they had descended from him, is beyond question. the real point is whether or not the rules that were laid down by the government for the regulation of these inam grants entitled female representatives to claim equally with the males. the rules that are relevant are these : if the inam is a personal or subsistence grant, it will be confirmed to the holder according to its actual tenure, and ' if the present incumbent is a descend of the original grantee, the inam will be continued.....
Judgment:

Buckmaster, J.

1. It is to be regretted that the ingenuity of counsel persuaded the Board to advise His Majesty to grant special leave to appeal in this case ; for, in fact, when the matter comes to be examined, there is no fit subject matter for the consideration of this Board at all.

2. The question arises in proceedings taken to recover possession of land, and the whole point which is now before their Lordships for determination is whether the plaintiff was disentitled to maintain his suit because ho claimed through a female as one of the lineal heirs of the Inamdar, Mir Akbar Ali, who was entitled to the Inam grant of the lands in dispute. That these lands were Inam lands, that Mir Akram Ali held them as the Inamdar, and that they had descended from him, is beyond question. The real point is whether or not the Rules that were laid down by the Government for the regulation of these Inam grants entitled female representatives to claim equally with the males. The Rules that are relevant are these : If the Inam is a personal or subsistence grant, it will be confirmed to the holder according to its actual tenure, and ' If the present incumbent is a descend of the original grantee, the Inam will be continued to him hereditarily, subject to the following conditions:-First, successions limited to direct lineal heirs and undivided brothers'.

3. The argument in support of the appeal is that the succession so limited to lineal heirs means lineal male heirs. It is plain according to every rule of interpretation, that if you wish to limit the word 'heirs' either to the male or female line, it is essential that you should do so in direct terms, or by necessary implication ; and in the absence of that limitation there is nothing where female inheritance is possible to prevent the female being an heir equally with the male. It is indeed manifest, when the history of this case is examined, that the estate has been dealt with upon this principle from the original grant down to the present time. The copy of the Inam certificate granted at the date, which is stated to be 1870, shows perfectly well that, although the name of the Inamdar was entered as ' Mir Mahomed Ali, son of Mir Mahbub Ali,' there was recognition of the fact that he had a brother and two women who were co-sharers with him in the estate, and another entry shows the succession of a son Mirza to his mother, Ashrafi Begum.

4. It is not only that the interpretation of the words bear the meaning for which the plaintiff contended, but that meaning has been recognised and acted upon, as far as one can tell, uninterruptedly from the date of the Rules down to now. Therefore there can be no ground for this appeal, and their Lordships will, humbly advise His Majesty that it be dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //