Is it possible for a poor uneducated Muslim woman to enter into a land deal in a mosque?
This was the Bombay High Court’s observation while hearing an appeal filed by Mumtajibi (51),a resident of Nagpur,against a lower court’s order which said that she must execute the 1986 agreement to sell her house to one Rahimtullah.
A devout,illiterate Muslim widow would have never gone to the mosque,that too for discussing a deal,the Nagpur bench of the high court held last week.
Mumtajibi’s contention was that she never entered into an agreement with Rahimtullah,who had been,incidentally,convicted for the murder of her husband.
Therefore,it was impossible that she should have had any dealing with him,the petition said. The trial court believed her story,but the district court reversed the verdict,so she filed appeal in the high court.
In his ruling,Justice A P Bhangale of the high court said,”The version of the plaintiff (Rahimtullah) that he had talk with the lady in Masjid where about 100-150 persons were present,is highly improbable.
“A Muslim lady observing Muslim religious practice,would not visit a mosque and that too for knowingly executing Isarpatra (agreement to sell) predrafted in English.”
Deciding the appeal in Mumtajibi’s favour,the court held,”Under the circumstances,a poor uneducated Muslim woman observing religious practices,such as,Purdah cannot be easily imputed with knowledge of an agreement to sell,which was drafted in English.”