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![handle is hein.slavery/ssactsengr0595 and id is 1 raw text is: KHAJAH BIDAYUT OOLLAH
desirable that it should be known to all those who are interested in this property,
that the question of fact as to division or no division, appears to be the only point
on which the main question of title to this property will ultimately depend. We
think three years is a proper time after the Decree is received in India and dis-
closed to the parties.
[For subsequent litigation in connection with the same subject-matter (commonly
referred to as The S]ivagugna Case), see 9 Moo. Ind. App. 539; 11 Moo. Ind.
App. 50; L.R. 2, Ind. App. 169 ; L.R. 8, Ind. App. 99.]
[295] KHAJAH HIDAYUT OOLLAH,-Appellant; RAI JAN KHANUM,-Re-
spondedt-* [Aug. 1, 2, 1844].
On Appeal from the Sudder Dewtnny Adawlut at Bengal.
By the Mahomedan law, continual cohabitation and acknowledgment of parentage
is presumptive evidence of marriage and legitimacy [3 Moo. Ind. App.
317-8, 323].
The original parties to this Appeal were the widows and son of Fyz Ali Khan,
deceased, and the subject in dispute was the right of the Respondent, Rai Jan
Khanum, as widow, suing for herself and on behalf of her son, Saadat Ali Khan, a
minor, for Rs. 188,525. 8 anas, 9 gundas, being a 15-ana share, the alleged amount
of their succession on a distribution according to the Mahomedan law of inheritance
of the real and personal estate of the late Fyz Ali Khan.
The following facts and circumstances gave rise to the Appeal:-
Fyz Ali Khan, deceased, was the Zemindar of kismut pergunna Atya, and other
real and personal property.
In the month of Phagoon 1203 (7th March 1797, A.D.), Fyz Ali Khan intermarried
with the Respondent, Rai Jan Khanum, who was then about ten or twelve years
of age.
The marriage was celebrated in the presence of wit-[296]-nesses, and on the same
day Fyz Ali Khan,,as it was alleged, executed a deed of marriage settlement, endow-
ing the Respondent with a dower of 2000 gold mohurs and 21,000 sicca rupees, the
payment of a third of which was to be postponed as long as the marriage should
remain in force.
After the celebration of the marriage, the parties cohabited together as husband
and wife, and were so universally acknowledged and reputed by their neighbours
and acquaintances.
In the year 1215 (1808-9, A.D.), the Respondent, Rai Jan Khanum, gave birth to
a daughter, the issue of the marriage, which survived but a short time.
In the year 1813, A.D., Fyz Ali Khan was about to be married to the original
Appellant, Shums-oon-Nissa. The Respondent, Rai Jan Khanum, opposed this second
union, and she presented a petition to the Zilla Court of Mymensing, setting forth
the conditions contained in her marriage deed of settlement, and praying that her
husband might be prevented from granting a deed of marriage settlement without
her concurrence. On this occasion no question was raised as to Rai Jan Khanum
being the wife of Fyz Ali Khan, but (apparently on the ground of Rai Jan Khanum
not being entitled to require the interposition of the Court) the petition was, by
an Order of the 11th of December 1813, rejected; and on the 16th of December
1813 a marriage was celebrated between Fyz Ali Khan and Shums-oon-Nissa, and a
marriage settlement was thereupon executed in her favour by Fyz Ali Khan. Both
* Present: Members of the Judicial Committee,-The Lord President, the Vice-
Chancellor Knight Bruce, the Right Hon. Dr. Lushington, and the Right Hon. T.
Pemberton Leigh.
Privy Councillors,-Assessors,-Sir E. H. East, Bart., and Sir E. Ryan, Knt.
III MOORE IND. APP., 295](ViewImageLocal?handle=hein.slavery/ssactsengr0595&div=1&collection=&method=preview&ext=.png&size=3)