Skip to content


Musammat Faiz Bibi Vs. Qudrat Ullah and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1924All935; 78Ind.Cas.977
AppellantMusammat Faiz Bibi
RespondentQudrat Ullah and anr.
Cases ReferredHasrat Bibi v. Ghulam Jafar
Excerpt:
muhammadan law - gift--marz-ul-maut, what is--deed executed by old man suffering from carbuncle a few days before death, validity of. - - the presence of a carbuncle is always danger out even in a middle-aged man of robust health and is occasionally fatal, and a carbuncle is very frequently the cause of death in the aged......received. they are to the effect that the deed in suit was executed during the death illness of sadal khan. much that has been said by the learned district judge who has arrived at the remand finding would go to show that sadal khan was not in a condition to know what he was executing on the date when the alleged deed of gift is said to have come into being. but it is not open to the court to arrive at a decision to the effect that he was not in a condition to know what he had executed, in view of the finding of mr. hunter. that finding cannot be attacked in second appeal. on the remaining point, however, as to whether the deed is of no effect under the doctrine of marz-ul-maut it is for this court to arrive at a finding the deed was executed on the 23rd august 1919. from the copy.....
Judgment:

Stuart, J.

1. The remand findings have now been received. They are to the effect that the deed in suit was executed during the death illness of Sadal Khan. Much that has been said by the learned District Judge who has arrived at the remand finding would go to show that Sadal Khan was not in a condition to know what he was executing on the date when the alleged deed of gift is said to have come into being. But it is not open to the Court to arrive at a decision to the effect that he was not in a condition to know what he had executed, in view of the finding of Mr. Hunter. That finding cannot be attacked in second appeal. On the remaining point, however, as to whether the deed is of no effect under the doctrine of Marz-ul-maut it is for this Court to arrive at a finding The deed was executed on the 23rd August 1919. From the copy produoed and from the evidence it appears that it was not signed by Sadal Khan but that it bore his thumb-impression. Sadal Khan died according to the plaintiff-appellant on the 27th August and according to the defendants-respondents on the 2ad September 1919. There is no finding of the Courts as to when he died. He was a very old man of over 80. He was suffering from a carbuncle. According to the evidence of Mumtaz Khan, Hakim, which Mr. K.C. Banerji believes, Sadal Khan was delirious some days before his death. The point which I have to decide is whether, on the finding of Mr. Banerji, the deed is invalid under the doctrine of Marz-ul-maut. Sadal Khan was certainly suffering at the time from a disease which was the immediate cause of his death. The disease was suoh as to incapacitate him from the pursuit of his ordinary vocation or standing up for prayers. In a man of his advanced age such an illness was alwas likely to end fatally and it is impossible to conceive that such a possibility would not have been present to his mind. The presence of a carbuncle is always danger out even in a middle-aged man of robust health and is occasionally fatal, and a carbuncle is very frequently the cause of death in the aged. Any Indian of advanced years would know this and would be apprehensive when suffering from such an ailment as to its possible consequences. Applying the principles that were laid down in Hasrat Bibi v. Ghulam Jafar 3 C.W.N. 57, the disease from which Sadal Khan was suffering undoubtedly came within the category of a Marsa-ul-mout illness. I, therefore, accept the findings of Mr. Banarji and upon these findings I allow the appeal. I restore the decision of the learned Munsif setting aside the decision of the District Judge. The defendants Qudratullah and Amanullah will pay their costs and those of the appellant in all Courts. These costs will include in this Court fees on the higher scale.


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