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Muhammad Junaid Vs. Musammat Aulia Bibi and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in61Ind.Cas.947
AppellantMuhammad Junaid
RespondentMusammat Aulia Bibi and ors.
Excerpt:
muhammadan law - will--bequest, to heir and also to stranger, validity of--possession, decree for--mesne profits, period for which plaintiff entitled to receive--civil procedure code (act v of 1908), order xxii, rule, 4--death of defendant--legal representative--person other than real representative, whether can he impleaded--muhammadan law--debt--debt first charge on estate--sale of estate to pay debt--sale, whether can be disputed. - .....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.....
Judgment:

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.


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