1926 (12) TMI 5 - HC - Indian Laws

Summary

Issues:
1. Interpretation of a declaratory decree in favor of a lady regarding shares in income from a Dargah.
2. Legal representation of deceased parties in an appeal.
3. Abatement of appeal due to incomplete legal representation.

Issue 1: Interpretation of Declaratory Decree
The appeal in question stemmed from a suit initiated by a lady seeking a declaratory decree to establish her entitlement to a portion of the income generated from a specific Dargah. The primary defendant, Ahmad Hassan, contested the suit, arguing against the plaintiff's claim and asserting that the income from the Dargah was waqf and thus indivisible. The trial court decreed in favor of the plaintiff, granting her a specific share of the Dargah's offerings, which was further detailed as 16/96ths for the lady and 183/4/96ths for another party involved.

Issue 2: Legal Representation in Appeal
Following the trial court's decision, an appeal was lodged by the legal heirs of the deceased defendant, Ahmad Hassan. However, it was noted that the deceased defendant's daughter, Sadia Begum, was not included in the appeal. Additionally, the plaintiff-respondent, Mt. Amir Begum, passed away during the appeal process. Although an application for substitution of legal representatives was mentioned, the absence of proper documentation led to the abatement of the appeal concerning Mt. Amir Begum.

Issue 3: Abatement of Appeal
The judgment delved into the concept of legal representation in appeals, emphasizing the necessity of complete representation of the deceased party's interests. It was highlighted that the failure to include all legal representatives could lead to the abatement of the appeal. In this case, since the deceased defendant's daughter was not part of the appeal, the entire appeal was deemed to have abated against another party involved in the case. Consequently, the appeal was dismissed due to incomplete legal representation, with costs awarded against the appellants.

This comprehensive analysis of the judgment elucidates the intricate legal considerations surrounding the interpretation of declaratory decrees, the importance of proper legal representation in appeals, and the implications of abatement due to incomplete representation of parties.