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Muhammad Siddiq Ali Khan Vs. Anwarul Hasan and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in74Ind.Cas.389
AppellantMuhammad Siddiq Ali Khan
RespondentAnwarul Hasan and ors.
Cases ReferredLai Singh v. Collector of Etah
Excerpt:
u.p. court of wards act (iv of 1912 ), section 54 - 'property', mtaning of--suit by transferee of claim against court of wards--notice, necessity of. - - the very fact that the plaintiff has appealed from the decree of the first court, dismissing the suit as against the wards shows clearly that the plaintiff himself realises that the suit does relate to the property of the wards......transferees from the sons of these defendants nos. 23 to 25 are wards under the court of wards. defendants nos. 23 to 25 alone contested the suit, on the ground that the notice required by section 54 of the court of wards act (iv of 1912 of the local legislature) had not been duly served. this plea was upheld in both courts and ex parte decree was passed against defendants nos. 1 to 22 and the suit was dismissed as against defendants nos. 23 to 25. the plaintiff brings this appeal on two grounds. firstly, it is argued that inasmuch as mazhur husain who sold the property to the plaintiff had given notice of his intention to bring a suit similar to this one against the court of wards, that that notice enured for the benefit of the plaintiff.4. secondly, that in any case section.....
Judgment:

1. The facts out of which this appeal arises are as follows:

2. Ibrahim Ali Khan owned property some of which is in suit. He died leaving three sons and three daughters one of whom was Musammat Batul-un-nissa who was entitled to 1-9th of the property owned by Ibrahim Ali Khan on his death. She died leaving a son, Anwarul Hasan, who become entitled to 2-3rds of the 1-9th share inherited by his mother. He sold his share to Muhib Ali who sold to Muzhar Hussain who in turn sold to the plaintiff. This is a suit by the plaintiff for declaration and for possession of the property. The defendant No.1 is Anwarul Hassain the transferor of the property. Defendants Nos. 2 to 9 are the persons who represent the sons and daughters of Ibrahim Ali Khan.

3. Defendants Nos. 10 to 25 are subsequent transferees from the sons of these defendants Nos. 23 to 25 are wards under the Court of Wards. Defendants Nos. 23 to 25 alone contested the suit, on the ground that the notice required by Section 54 of the Court of Wards Act (IV of 1912 of the Local Legislature) had not been duly served. This plea was upheld in both Courts and ex parte decree was passed against defendants Nos. 1 to 22 and the suit was dismissed as against defendants Nos. 23 to 25. The plaintiff brings this appeal on two grounds. Firstly, it is argued that inasmuch as Mazhur Husain who sold the property to the plaintiff had given notice of his intention to bring a suit similar to this one against the Court of Wards, that that notice enured for the benefit of the plaintiff.

4. Secondly, that in any case Section 54 of the U.P. Court of Wards Act was not applicable because the suit did not relate to 'the property' of the wards.

5. With regard to the first plea it is only necessary to say that the ruling in Bachchu Singh v. Secretary of State for India in Council 25 A. 187 : A.W.N. (1903) is conclusive.

6. On the second plea it seems to us that on the allegation in the plaint itself in paragraph 12 the plaintiff admits that the wards have an interest in the property. The ruling on which he relies, namely Lai Singh v. Collector of Etah 25 Ind. Cas. 398 : 12 A.L.J. 485 : 36 A. 331, has no application. There the property did not belong to the ward but to the judgment debtor of the ward and the mere fact that the ward had attached that property did not create any right in the property in the ward. The very fact that the plaintiff has appealed from the decree of the First Court, dismissing the suit as against the wards shows clearly that the plaintiff himself realises that the suit does relate to the property of the wards. In our opinion the appeal fails and is dismissed with costs including fees on the higher scale. Costs to be in favour of the court of Wards.


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