RAFIUDDIN Vs. ZUBEDABI

JUDGEMENT

(1.) In the City of Belgaum there lived a person named Ibrahim Soudagar who according to the evidence, belong to a respectable family and exercised the profession of an excise contractor. It appears that he was a person of more than ordinary affluence. He died in the year 1912. Ibrahim left behind him a widow Hafizabi. Through that wife he had a son Jamaluddin, and, Jamaluddin had a son and two daughters named respectively Rafiuddin, Hafizabi and Khatijabi.

(2.) In the year 1957, a certain Zubedabi made an application for the grant of letters of administration in respect of the estate of her husband Saifuddin. Zubedabi claimed to be the only heir to the estate of Saifuddin. To this application caveats were entered by Rafiuddin and his two sisters who it may be recalled, were the children of Jamaluddin who was the son of Ibrahim through his wife Hafizabi.

(3.) The caveators contended that Saifuddin was also the son of Ibrahim through his wife Tarabi and that in the estate of Saifuddin they were entitled to a 4/3 share as residuaries.