High CourtsDivision Bench

Muhammad Junaid vs Musammat Aulia Bibi and Others

Allahabad High Court · Decided on 13 April 1920 · Citation: 61 Ind. Cas. 947

HON’BLE JUDGES
Tudball, J · P.C. Baneji, J
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Judgment

4 paragraphs · 183 words
1.

This appeal is connected with First Appeal No. 322 of 1917. They arise out of two suits, Nos. 17 and 18 of 1915, brought in the Court below by two of the heirs of one Mutammat Badr-un-nissa, in which they each claimed a 1/6th share in her estate. Attached to each plaint are five lists of property. Lists A to D cover Zemindari property and the fifth list covers house property.

2.

The defendants include, among others, the other heirs of the deceased, some persons who claim under an alleged Will and numerous transferees, to whose hands various portions of the estate have gone either by voluntary transfers by deeds or by involuntary sales in execution of decrees.

3.

The following pedigree is necessary to the understaning of the case.

4.

That the two plaintiffs are heirs who would, in the absence of a Will, take each a 1/6th share in the estate is not in dispute. The estate originally came from Mubarak Ullah. He died leaving his wives and daughters. Then one wife, Zahuran Bibi, and and one daughter (childless) died.