Rukaiya Begum and others, Appellants v. Fazalur Rahman and others, Respondents

S.K. CHATTOPADHYAYA AND M.Y. EQBAL, JJ.

Muslim Law - Joint family - Presumption as to jointness - Absent in Muslim Law - Court however, in certain circumstances can uphold such eventuality. Notwithstanding the fact that there is no presumption of jointness and joint family business in Mahommedans, but in certain circumstances the Court may uphold such eventuality. There is nothing contrary to law in Mahommedan adult members of a family carrying on family property for the benefit of all the members of the family including the minors and females, and the Court may uphold it and such legal consequences as follow from it, although the Court will not impart into it all the legal consequences, which would follow from such a family trade when it-is conducted by Hindu Joint family or of the legal consequences of a lawful partnership. (Source: AIR 1998 Patna 1)