Mumbai Court February 1882 Judgments

Ashabai and anr. Vs. Haji Tyeb Haji Rahimtulla and ors.

Court: Mumbai

Reported in: (1885)ILR9Bom115

Charles Sargent, C.J.1. The plaintiffs in this suit are the widow and infant daughter of one Haji Adam Haji Esmail, and they seek to recover from the estate of his father Haji Esmail:(1) The ancestral property which came to the hands of Haji Esmail from his grandfather Haji Joosub Bulladina and his father Haji Hubib.(2) A sum of one lakh and 90,000 rupees which, it is alleged, was held by Haji Esmail in trust for his son Haji Adam.(3) Ornaments and jewels belonging to the estate of Haji Adam.2. The first throe defendants are the executors named in the will and are now in possession of the estate of Haji Esmail, who died on 19th August, 1878, having survived his son? Haji Adam, who died on 17th May, 1878, without male issue.3. The fourth defendant Tyeb Haji Joonas is the grandson of Haji Esmail and a legatee under his will, and wag made a party at his own request by an order of 26th March., 1881.4. The first question of importance which presents itself for decision in this case is as to...