
Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan
Here we will learn the topic Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum (Defendant) Vs Amir Muhammad Khan (Plaintiff).
Reference (1885) 7 All. 822 (F.B.)
Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum
Subject of the Case
Whether devolution of the estate of an intestate deceased Mohammedan is suspended till the payment of his unpaid debt or it devolves immediately on his death upon his heirs?
Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum
Facts of the Case
Ali Muhammad Khan died in 1878.He left behind him his parents, widow Wirsat Begum two sons Ali Ahmad and Abdul Majid and three daughters Banarasi Begum, Niyas Begum and Jafri Begum and brother Amir Muhammed Khan and his heirs.
On 8th. Dec., 1879 Abdul Rahaman husband of Jafri Begum obtained a decree for debts due from the deceased against
Wirsat Begum, Ali Ahmad, Abdul Majid, and the three daughters put the estate of the deceased, along with the execution of decree 10 Biswa of village Bakhtiarpur, up for sale, and Abdul Rahaman himself purchased the same in the auction sale.
Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum
Amir Muhammad Khan, the brother of the deceased, filed this suit against the widow, the sons and the daughters of the deceased for the recovery of his 35/168 Sehams. The Parents of the deceased also died before the filing of the suit.
Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum
In her written statement Jafri Begum argued that she was the sole owner being the only representative alive of her
deceased husband Abdul Rahaman who had purchased 10 Biswas of village Bakhtiarpur in auction sale in execution of a decree
for the debts due from Ali Muhammad Khan
Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Decision of Trial Court
On the basis of Luchmeeput Singh Vs. Sita Nath I.L.R. 8 Cal. 477, Trial Court held that the whole of the village Bakhtiarpur belonged to deceased Ali Muhammad Khan out of
Abdul Rahaman purchased 10 Biswas in execution,
but since the plaintiff was not a party to that suit, he cannot be debarred from obtaining his legal share. The suit of the plaintiff was, therefore, decreed. Jafri Begum filed an appeal in Allahabad High Court against this decision.
Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum
Decision of High Court
The attorney argued on behalf of the appellant Jafri Begum that “When the appellant’s vendor purchased the property to satisfy the debt that the ancestor owed, in execution of a decree that the court had duly obtained against all the heirs in possession of the estate, the plaintiff can no longer claim such property, especially since he did not prefer any objection in the course of the suit notwithstanding that he had full knowledge of the same.” “Assuming the decree to be correct, it should have ordered payment of the proportionate debt by the respondent before awarding possession.”
This appeal was presented before J Mahamood straight for his hearing but he referred it to the Full Bench along with questions to be decided.

