HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0593 and id is 1 raw text is: II MOORE IND. APP., 391
until all the Creditors were on an equal footing. It is only a different qualification
or modification of the specific relief prayed.
We are of opinion, therefore, that as the Plaintiffs had an equity to obtain some
relief under the Bill, the demurrer ought not to have been allowed, and the Order
of the Court below must be reversed.
[Mews' Dig. tit. BANKRUPTCY, B. III. PARTNERSHIP PROPERTY, 28 h. iv., VIII. Divi-
DBNDS, 1; tit. EXECUTOR AND ADMINISTRATOR, X. ADMINISTRATION, d.; tit.
PAYMENT, A. I.; tit. PRACTICE, XXV. PLEADING, b. S.C. 3. Moo. P.C. 98; 1
Mont. D. and D. 45; Morton, 407. See Indian Insolvent Act, 1848 (11 and 12
Vict. c. 21), s. 7; Ex parte Rogers, 1881, 16 Ch. D. 665; Callender v. Colonial
Secretary of Lagos (1891), A.C. 460; Cooke v. Charles A. Vogeler Co. (1901),
A.C. 102; Dicey, Colbfl. of Laws, 334, 336; Westlake, Priv. Int. Law, 3rd Ed.
153, 156, 157.]
JEWUN DOSS SAHOO,-Appellant; SHAH KUBEER-OOD-DEEN,-Respondent *
[Dec. 8, 9, 1840].
On oippeal Iroto the Sudder Dewanply Adawlhat i Bengal.
The term Altamgha or Altrmiagha-enam, in a royal grant, does not, of itself,
convey an absolute proprietary right to the Grantee; where, from the general
tenor of the grant, it is to be inferred, that a Wukf, or endowment to religious
and charitable uses, was intended, and property so endowed cannot be alien-
ated by the Grantee or his representatives [2 Moo. Ind. App. 420].
According to the Mahomedan Law, it is not necessary, in order to constitute a
Wukf, or endowment to religious and charitable uses, that the term Wukf
be used in the grant; if, from the general nature of the grant, such tenure
can be inferred [2 Moo. Ind. App. 421].
An endowment for charitable and public purposes being a perpetual endowment,
it is, by Ben. Reg XIX. of 1810, the duty of the Government to preserve its
application ; and being excepted by sec. 2. of Regulation II. of 1805 from the
general operation of the Regulation of Limitations, no suit for its recovery
is barred, until at least the officer entitled to administer it has been in posses-
sion of his office for twelve years [2 Moo. Ind. App. 422, 423].
By a Firman, or royal grant, of the 14th of March, 1717, in the fifth year of
Mahomed Feroksir, one lac [391] of dams from Pergunnah Havilly Suhseram, in
the Sooba Bahar, being equal to about Rs. 1197, was granted in Altamgha, or royal
free gift, in perpetuity, for the purpose of defraying the expenses of the Khankah,
a religious establishment of Sheikh Kubeer, Dervish, to descend to his heirs in
succession.
In pursuance of this grant, Sheikh Kubeer received the revenue during his life,
applying it for the purpose of meeting the charges of Travellers frequenting the
Khankah, of which he was the Sijjada-nashin, or Superior. Upon his death he was
succeeded in his office by his Son, Sheikh Khulleel-oolla.
By a Sunnud from Nawab Fukher-ood-deen Bahadoor, on the 16th Sheban, and
the fourteenth year of the reign of Mahomed Shah Badshah (21st January, 1733),
certain Mouzahs or villages in the Pergunnah Suhseram, in the Sircar or division
Rowtas, Sooba Bahar, with some Tutera and Khankah lands, were appropriated for
the purpose of meeting the expenses of Travellers, and of Sheikh Khulleel-oolla,
and freed from the Government charges and revenues. Upon the death of Sheikh
Khulleel-oolla, he was succeeded, as Sijjada-nashin, by Gholam Shurf-ood-deen, his
Son, who, on the 6th of July, 1744, obtained a royal Sunnud, and on the 4th of
*Present: Members of the Judicial Committee,-Lord Brougham, Mr. Justice
Bosanquet, Mr. Justice Erskine, and the Right Honourable Dr. Lushington.
Privy Councillor,-Assessor,--Sir Edward Hyde East, Bart.
JEWUN DOSS SAHOO](ViewImageLocal?handle=hein.slavery/ssactsengr0593&div=1&collection=&method=preview&ext=.png&size=3)