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Musammat Shahzadi Begam Vs. Sheikh Muhammad Ibrahim and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in59Ind.Cas.787
AppellantMusammat Shahzadi Begam
RespondentSheikh Muhammad Ibrahim and ors.
Cases ReferredBahir Das Chakravarti v. Nobin Chunder Pal
Excerpt:
compromise - parties agreeing to abide by decision of court--decision, whether can be questioned as incorrect--appeal, whether lies. - interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute. - in our opinion the objection is well founded. 131. in our opinion, it is not open to the plaintiff to dispute the correctness of the court's finding and this appeal must fail......the suit was mainly defended by the brother who alleged that part of the property claimed was wakf property; that part was property which exclusively belonged to him, and that the plaintiff was not entitled to obtain any share in the wakf property. a document was produced alleged to have been executed by one wilayat ali, who was the ancestor of baqar ali, and under which certain property was declared to be wakf. in the course of the trial the parties came to terms and a compromise was filed on the 13th of september 1917. this compromise is printed at page 27 of the paper book. the compromise dealt with all the property in dispute which consisted of house property, shops, some government securities and money deposited in a bank and other property of a similar description. as to part.....
Judgment:

1. This appeal arises out of a suit brought by Musammat Shabzadi Begam for recovery of her legal share in the estate of her deceased father, Baqar Ali. The defendants to the suit were her brother, Muhammad Ibrahim, and her sisters, or legal representatives. The suit was mainly defended by the brother who alleged that part of the property claimed was wakf property; that part was property which exclusively belonged to him, and that the plaintiff was not entitled to obtain any share in the wakf property. A document was produced alleged to have been executed by one Wilayat Ali, who was the ancestor of Baqar Ali, and under which certain property was declared to be wakf. In the course of the trial the parties came to terms and a compromise was filed on the 13th of September 1917. This compromise is printed at page 27 of the paper book. The compromise dealt with all the property in dispute which consisted of house property, shops, some Government securities and money deposited in a Bank and other property of a similar description. As to part of the property which was claimed to be wakf the compromise provided as follows: 'With regard to the remaining properties which defendant No. 1 says in his written statement to be wakf properties, the Court may find with reference to the documentary evidence produced by the parties in this case whether they are wakf properties or not, and the parties will be bound by such a finding.' The Court, in accordance with the terms of this compromise, came to a finding as to whether some of the property was wakf property or not and accordingly directed a preliminary decree for partition to be prepared. It is against the finding of the Court below as regards some properties claimed by one party to be part of the estate of Baqar Ali and by the other as wakf property that the present appeal has been preferred. A preliminary objection has been taken to the hearing of the appeal on the ground that, under the terms of the compromise as quoted above, the parties undertook to be bound by the finding of the Court and that, consequently, it is not open to the appellant to question the correctness of that finding. In our opinion the objection is well founded. As we have stated above, the parties under the compromise same to an understanding as to all various items of property claimed in the suit. They made arrangements in regard to all the property with the exception of certain properties referred to in the passage which we have quoted above and they agreed that, on the basis of the documentary evidence alone, the Courts should some to a finding and such finding would be binding on the parties. The words which we have italicised above would be meaningless unless we hold that by those words the parties agreed to accept the finding as a correct finding and not to appeal against it. There was a dear implication in the agreement not to appeal against the finding but to be bound by it whatever it might be. As all the terms of the compromise were agreed upon in view of this condition also, the plaintiff, in our opinion, is estopped from disputing the correctness of the finding. We think that this case is similar to the case of Bahir Das Chakravarti v. Nobin Chunder Pal 29 C. 306 at p. 310 : 6 C.W.N. 131. In our opinion, it is not open to the plaintiff to dispute the correctness of the Court's finding and this appeal must fail. We accordingly dismiss this appeal with costs including fees on the higher scale.


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