MIR MUZAFARUDDIN KHAN Vs. SYED ARIFUDDIN KHAN

JUDGEMENT

(1.) His is an appeal by certificate from a judgment and decree of the Andhra Pradesh High court. The suit out of which the appeal arises relates to the properties which originally belonged to Nawab Zainulabud Din khan, a retired Revenue Officer, who died at Hyderabad on 18/12/1953. The following pedigree table will be helpful in understanding the relationship between the parties :

(2.) In 1954 Syed Arifuddin who claimed to be the son of Syed Zainulabudin Khan from his wile Mehrunnissa Begam instituted a suit in forma pauperis impleading Khaderunnissa Begam defendant No. 1 who was the daughter and Asmutunnisa Begam defendant No. 2 who was the widow of the deceased as parties. It was stated that his deceased father had left movable and immovable properties set out in lists A, B, and C valued approximately at Rs. 1,61,516-10-8. Out of these defendant No. 1 was entitled to 1/3 share, defendant No. 2 to 1/8 share and to the balance of the property the plaintiff was entitled. Subsequently defendants 3 to 6 applied to the court to be impleaded as defendants as they also claimed interest in the suit properties. The application was granted and the plaintiff was directed to implead them as defendants. The first defendant who is the real sister of the plaintiff admitted the correctness of the case set up by the plaintiff. The second defendant denied that the plaintiff was the son of Syed Zainulabudinkhan as he was born two years after the mother had been divorced by him. Defendants 3, 5 and 6 the sons of Syed Posha Mohiuddin Khan who was the brother of Syed Zainulabudin Khan and defendant 4 son of defendant 3 admitted the relationship of the first and the second defendants to the deceased. They, however, maintained that the plaintiff was not the son and was not thus entitled to any share in his estate. It is unnecessary to refer to all the pleas contained in their joint written statement about the various properties. The main controversy has now centered on one property called "somajiguda house" which was shown as Item No. 1 in Schedule "a". It was alleged by these defendants that this had been gifted away by Syed Zainulabudin Khan in his lifetime to defendant No. 4.

(3.) The Trial court held, inter alia, that the house "somajiguda" had been gifted by Syed Zainulabudin Khan to Mir Dawar Ali Khan defendant no. 4 during his lifetime. On the question of legitimacy of the plaintiff the trial court found in his favour. The High court reversed the decision of the Trial court on the issue relating to the gift of the aforesaid property. It concurred in the finding of the Trial court that the plaintiff was the son of syed Zainulabudin Khan and was born on 13/05/1949.