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![handle is hein.slavery/ssactsengr0592 and id is 1 raw text is: G. RUSSOOL AND JAFIR SHAH V. M. MUGHLO [1837] I MOORE IND. APP., Wio
[446] GHOLAM RUSSOOL and JAFIR SHAH,-Appellants; MUSSUMAT MUGHLO,
MEER TOFYL ALI KHAN, MEER FYZ-OOLLAH KHAN, and SHEIKH
RAMZANI,-Respondents * [June 23, 1837].
On appeal from the Sudder Dewanrny Cowrt of Bengal.
The Sudder Dewanny Court having, upon the examination of the evidence of
pedigree and the opinion of the Law officers of the Court, reversed the
decision of the Provincial Court, in a claim which was otherwise barred by the
Bengal Regulations of Limitation, the Judicial Committee dismissed an
appeal from the decision of the Sudder Court under such circumstances
with costs.
This was an appeal from a decree of the Sudder Dewanny Adawlut, made on
the 5th of July 1819, reversing a previous decision of the Provincial Court of Patna,
of the 23rd of May, 1819, pronounced in favour of the present Appellants.
The subject of dispute was the right of succession to a very large estate, both real
and personal, originally acquired by Meer Ufzul and Meer Ushruf, who held succes-
sively high situations in the service of the East India Company at Patna (or Azima,
bad), in the Province of Bahar. After the deaths of Meer Ushruf's only son Meer
Gholam Ghouson, on the 14th of Safar 1187 Hijra (6th of May, A.D. 1773), and of
his only daughter, Mussumat Ameena, on the 25th of Shaban 1188 Hijra (29th
November, A.D. 1774), the estate in question was taken possession of by Meer Ushruf's
sister, Beeby Ismut, and upon her death in 1812, the action was commenced, from
[447] the ultimate decision of which the present appeal arose.
Meer Izzut Oollah was the first of the family who left his native country of
Cashmere, and established himself at Patna; he was the son of Meer Hoosain, and
had three brothers, two of whom died without issue, and from the third (Meer Fyz-
oollah) the Appellant, Gholam Russool, and the Respondents, Mussumat Mughlo and
Meer Fyz-oollah Khan, were descended.
Meer Izzut Oollah had one son, Meer Ufzul, and three daughters.
Meer Ufzul had three children by his wife, Syud Dun; one son, Meer Ushruf, and
two daughters, Beeby Ismut and Mussumat Rowshun. Upon Meer Ufzul's death, his
estate became distributable amongst his heirs in sahams, or shares, according to the
provisions of the Mahomedan law.
Mussumat Rowshun married a person of the name of Mahomed Sukhi, and died
without issue, leaving her mother, Syud Dun, her husband, Mahomed Sukhi, her
brother, Meer Ushruf, and her sister, Beeby Ismut, surviving her.
Meer Ushruf died on the 17th Jamadi-ul-awal 1186 Hijra (16th November, 1772
A.D.). At the time of his death he was possessed of large property, which consisted
partly of his own acquisitions, and partly of what he had inherited from his father,
Meer Ufzul, and his sister, Mussumat Rowshun. He left two children, a son, Gholam
Ghous, and a daughter, Mussumat Ameena, the wife of the Appellant, Jafir Shah.
Gholam Ghous survived his father but a short time, and died on the 14th Safar
of 1187, Hijra (6th of May, 1773 A.D.). His property became divisible
on his [448] death, amongst his mother, Zynub, his paternal grandmother,
Syud Dun, his sister, Ameena, and his aunt Beeby Ismut; and amongst
Meer Shurf-ood-deen, Meer Zeea-ood-deen, and Meer Fukhr-ood-deen, the sons
of Meer Fyz-oollah, who were the first cousins, according to English computation, of
his grandfather, Meer Ufzul, and his own nearest relations in the male line on the
father's side at the time of his death. Meer Fyz-oollah had another son, Meer
Meeruk, who was the father of the Respondent, Mussumat Mughlo, and of Meer
Ahsun Oollah; but from his having died previously to Meer Ushruf, his descendants
had not, as was contended on the part of the Appellants, any title to the inheritance
of Gholam Ghous.
* Present: Members of the Judicial Committee,-Lord Wynford, Lord Brougham,
Mr. Baron Parke, Mr. Justice Bosanquet, the Right Hon. Thomas Erskine, Chief
Judge of the Court of Bankruptcy.
Privy Councillors,-Assessors, the Right Hon. Sir Edward Hyde East, Bart., and
the Right Hon. Sir Alexander Johnston.](ViewImageLocal?handle=hein.slavery/ssactsengr0592&div=1&collection=&method=preview&ext=.png&size=3)