C. MOHAMMED YUNUS versus SYED UNISSA AND OTHERS

C. MOHAMMED YUNUS versus SYED UNISSA AND OTHERS

Muslim Personal Law (Shariat) Application Act as amended by Madras Act 18 of 1949 overrides custom; female descendants are entitled to share in income and rights in religious endowment. Suit for declaration with consequential relief is maintainable and not barred by limitation.

Parties
Appellant: C. Mohammed Yunus; Respondent: Syed Unissa; Respondent: Sulaiman Bi; Respondent: Rahmat Unnissa; Respondent: Abdul Wahid
Jurisdiction
India
Judgment Date
14 February 1961
Procedural Posture
Civil Appeal / Appeal From Madras High Court Judgment Dated August 29, 1952, in Second Appeal No. 2349 of 1946
Outcome
Appeal dismissed
Legal Topics
Religious Endowment, Succession, Custom Vs Personal Law, Declaratory Relief, Right to Share Income, Limitation in Suits, Female Inheritance
Muslim Personal Law Limitation Religious Endowment Succession Custom Vs Personal Law Declaratory Relief Right to Share Income Limitation in Suits +1 more

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Parties

C. Mohammed Yunus

Appellant

Syed Unissa

Respondent

Sulaiman Bi

Respondent

Rahmat Unnissa

Respondent

Abdul Wahid

Respondent

Procedural Posture

Civil Appeal / Appeal From Madras High Court Judgment Dated August 29, 1952, in Second Appeal No. 2349 of 1946

Legal Issues

  1. 1 Whether Muslim female descendants are entitled to share in the surplus income from a religious endowment under personal law or custom
  2. 2 Whether a suit for declaration with consequential relief is maintainable and within limitation

Ratio Decidendi

Muslim Personal Law (Shariat) Application Act as amended by Madras Act 18 of 1949 overrides custom; female descendants are entitled to share in income and rights in religious endowment. Suit for declaration with consequential relief is maintainable and not barred by limitation.

Court Disposition

Appeal dismissed

Orders

  • Plaintiffs entitled to share in income; suit maintainable; claim not barred by limitation; appeal dismissed with costs.