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Syed Abdul Hamid Sahib and anr. Vs. Syedunnisa Bibi and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in152Ind.Cas.630
AppellantSyed Abdul Hamid Sahib and anr.
RespondentSyedunnisa Bibi and anr.
Cases ReferredMunnavaru Begam Sahibu v. Mir Mahapalli Sahib
Excerpt:
muhammadan law - asarai sheriff--woman's right to succeed. - .....having proved his title, consideration as to whether the defendant, a woman is competent to hold the office does arise. even if it does arise, i should hold on the authority of the decision of this court in munnavaru begam sahibu v. mir mahapalli sahib 51 ind. cas. 489 : 41 m 1033 that she is fit to hold the office as it has not been shown that she is disqualified on account of some special reason. it is said that in s.a. no. 51 of 1886 a woman was held disqualified from holding the office of asarai sheriff as the duties of the office are merely spiritual. but the high court simply accepted the finding of the lower court and the decision in my view cannot be taken as laying down the proposition that the office of asarai sheriff cannot be held by a woman on the ground that the duties of.....
Judgment:

Madhavan Nair, J.

1. The plaintiff-appellant set up a case of inheritance by lineal primogeniture. This he has not been able to prove. He not having proved his title, consideration as to whether the defendant, a woman is competent to hold the office does arise. Even if it does arise, I should hold on the authority of the decision of this Court in Munnavaru Begam Sahibu v. Mir Mahapalli Sahib 51 Ind. Cas. 489 : 41 M 1033 that she is fit to hold the office as it has not been shown that she is disqualified on account of some special reason. It is said that in S.A. No. 51 of 1886 a woman was held disqualified from holding the office of Asarai Sheriff as the duties of the office are merely spiritual. But the High Court simply accepted the finding of the lower Court and the decision in my view cannot be taken as laying down the proposition that the office of Asarai Sheriff cannot be held by a woman on the ground that the duties of the office are spiritual. As a matter of fact in this case it is admitted that one of yeomiahdhare is a woman. This will show that it will not be safe to say generally as a rule that woman cannot hold the office of Asarai Sheriff. The evidence in the present case is that the duties of the office are such as can be performed by women.

2. Accepting the findings I dismiss the second appeal with costs.


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