1944 (6) TMI 15

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..... w represent him. Before the Board the validity of the deed was chal longed by the appellants on 2 alternative grounds, viz., that it was a fictitious and colourable deed, never intended to be operative, but made with the intention to avoid payment of debts, or alternatively that Chaudri Salah Uddin, who may be conveniently referred to as the settlor, hac become a Shia prior to the making of the deed, and was not authorised by the Mussalman Wakf Validating Act VI of 1913 to make such a deed. 3. This alternative contention can be shortly disposed of. Under Section 3(b) of the above Act, a person professing the Mussalman faith is authorised, where he is a Hanafi Mussalman, to include among the purposes for which he creates a wakf, provisi .....

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..... the first contention of the appellants; it may be well to clear the ground of the references which have been made in the course of the case to certain Sections of the Transfer of Property Act. In the first place, Mr. Khambatta admitted that he was unable to maintain that any of the defendants still interested in the suit had not acquired their interests pendente lite, from which it is to be inferred that they were aware that the matter was in dispute and cannot avail themselves of Section ill or 52, T.P. Act. Further, under Section 53 the wakfnama would only be voidable at the option of the person so defrauded or delayed (prior to the amendment of 1929), the deed would not be revocable by the) settlor, and would bind him and his heirs. U .....

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..... The first wife Mt. Tahir-un-nisa, died in 1918 whereupon her parents brought a suit for dower on 18-8-1920; as such parents they claimed half the dower debt, ₹ 50,000 and stated that the cause of action arose on her death. The suit was compromised for ₹ 10,000. It is true that there is an allegation in the plaint that the wakfnama was fictitious, but, not long after, on 25-2-1921, the settlor executed an ibtalnama, or deed of cancellation, purporting to cancel the wakfnana of 1915 on various grounds - strained relations with his 2 wives, fear of suits for recovery of their dower debts, and of their minds being poisoned against him by his enemies, which led him to execute a fictitious document. There is no mention of any debts o .....

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