Page 324 - Gulf Precis (VI)_Neat

292 Part IY,
moot securities ; and moreover, if such investment were made, Government
would bo constituting themselves trustees for the heirs of tho deceased lady, and
thus assuming a position opon to objection.
C4). Tho Chief Commissioner of Oudh wasdirooted to proceed in accordance
with this opinion, and in duo course a suit was brought by Begum
Kulsumnissa, through Syuds Molwidi llqsscin and Sadiq Hosscin, against
Ramzan Ali Klmn, Taj Mahal’s brother, to establish her right to succeed to
Taj Mahal's pension. On tho 2Gth October 187G the Civil Judge of Lucknow
passed a decree in Kulsumnissa’s favour declaring her to be (ho grand-da ugh ter
and heir, according to the Shiah law, of the deceased Taj Mahal; but as an
appeal was immediately preferred against this decision, tho Political Agent in
Turkish Arabia was instructed to take no action upon it beyond providing for
the security of the property.
G5. In May 1877 tho Chief Commissioner of Oudh reported that Begvnp
Kulsuinnissq’s claim tyad been uphold by
Central A.. April 1879, No*. 89-135.
tlio Appellate Court, but that, as a
further appeal might be preferred to the Privy Council, ho requested instruc­
tions as to the payment of the capitalized value of the pension, and suggested
that the amount should be invested in the Begum’s name and deposited in the
Treasury. After some further correspondence, including urgent petitions from
Begum Kulsumnissa herself, the Government of India again consulted the
Advocate-General. Mr. Paul advised, and the Standing Counsel, Mr. J. 1).
Boll, concurred in his opinion, that as the decision of the Lucknow- Court was
not final, and as an appeal might still be preferred to tho Privy Council, it was
inexpedient for the Government of Ii^dia to take auy st$p, in, the interval.
They were unable to suggest any course, by v^hich the. Government could; be
freed from payment of interest at the rate of 5 per cent., on the capital sum,
and until tho disputed heirship had been finally settled, it would not be safa to
part with the principal. Mr. BelJ,.the Standing Counsel, on being separately
consulted, pointed out that the suit must still be considered pending, as an
appeal was still possible; that the Government were not in a position to bring
an interpleader suit, and that tho money duo from Government could not
consequently bo paid into Court.
66. In consequence of these opinions, the Government of India were com­
pelled to issue orders for tho suspension of
General A., April 1879, No*. 17-18.
all payments to Begum Kulsumnissa until
such time os her right should be finally established. At the same time- inquiry
was made whether any further appeal bad been instituted, and it was ascertained
that up to the 22nd February 1878 no appeal had been preferred, but that
special, applications for the further consideration of tho caso might stijl be laid
before the Court of the Judicial Commissioner, if good, grounds for doing so
were discovered. As the decisions hitherto passed were concurrent, the appeal
would lie to the Privy Council,aud. might bo admitted after expiry of the period
of limitation. A further reference to the Chief Commissioner of Oudh showed
that no appeal had been preferred up to the middle of April 1878, and. tho.
Advocate-General was again asked to advise, whether, it. would be safe foi
Government to pay to Kulsumnissa the capitalized value of her grancUmother's
pension, together with the interest at 6 per cent, duo thereon. Mr., Pau.
observed that in the interval since his last opinion the defendant in the suit,
Ramzan Ali, had died, but that his representatives were said to.be disposed to
appeal. Although tho ordinary term for preferring an appeal had passed, one
might be allowed on good and sufficient cause being shown. lie advised, that
it would he imprudent for Government to.part with thq principal and interest
of Taj Malians pension, and suggested that inquiry should, bo mafle as.to the
course which Ramzan Ali’s reprcsenlatiyes.intended to pursue. These inquiries
were instituted, .and elicited the fact that iq. the mpnth of August, i.878 Syud
Ahmad Hossein, tho only son of Ramzan. All, lmd.informed the Wasika Officer
at Lucknow that his intention was to.proceed with, the caso, but he had.not.
yet made up his mind whether lie would apply to the Judicial Commissioner
or the Privy Council. In the abseneo of Mr. Paul the result of these inquiries