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1 - 5 of 5 (0.16 seconds)Section 53 in The Transfer Of Property Act, 1882 [Entire Act]
Ahmad Husain vs Kallu Mian Sajhi Firm on 29 January, 1929
8. We need hardly point out that it is one of the principles of Mahomedan law as indeed of the law prevailing in all civilised communities that the first duty of those who are governed by that law is to arrange for the payment of their debts before they make gifts or create wakfs. We may mention that there are instructive judgments in Ahmad Husain v. Kallu Mian ('29) 16 A.I.R. 1929 All.
The Transfer Of Property Act, 1882
Bismillah Begam And Ors. vs Tahsin Ali Khan on 6 February, 1930
277 and Bismillah Begam v. Tahsin Ali Khan ('30) 17 A.I.R. 1930 All. 462. Our conclusion is that the appeal succeeds. Accordingly, we allow the appeal, set aside the decree of the Court below and direct that the entire property, shown by the appellants in their written statement dated 30th May 1936, should be treated as belonging to the respondent and as being liable to attachment, sale or mortgage in satisfaction of the debts of the respondent. The Collector shall be accordingly informed under the provisions of Section 19, Encumbered Estates Act.
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