Mitha v Taufic (C.A. No. 37 of 1934.)
Mitha v Taufic (C.A. No. 37 of 1934.) [1934] EACA 7 (1 January 1934)
The court held that the order in objection proceedings under Order 19 r. 55-60 constitutes an adjudication amounting to a decree within the meaning of section 2(4) of the Civil Procedure Ordinance, 1924, and is therefore appealable as of right without leave. The wakf created by the respondent was declared void under Mohammedan Law as it reserved a life interest to the donor and was intended to defeat creditors, given that the respondent had no other assets and was indebted to the appellant at the time of the wakf. Furthermore, the property in question was treated as a chattel, and the instrum…
Source excerpt
- Objection To Attachment
- Appealability Of Orders
- Wakf Validity
- Fraudulent Conveyance
- Registration Of Chattels