ALI SAHEB Vs. HAJRA BEGAUM

JUDGEMENT

(1.) The property which is the subject matter of the suit to which this second appeal relates belonged to a certain Lal Mohamed who died in the year 1950 leaving behind him his widow Ashabi and his two grand-daughters, the plaintiff and the second defendant. Mahaboobbi, the mother of the plaintiff and defendant 2 predeceased Lal Mohamed. Ashabi made a gift of the properties of Lal Mohamed to her brother's son defendant 1 under two gift deeds Exhibits P-1 and P-2.

(2.) In the suit brought by her, the plaintiff claims that she was one of the heirs of Lal Mohamed and was entitled to 3/8 share in his properties. So she sought a decree for a declaration that she was the owner of that 3/8 share and for possession thereof. The suit was resisted by defendant 1 on the ground that Ashabi excluded the plaintiff and her sister from inheritance and that the gift deeds Exhibits P-1 and P-2 entitled defendant 1 to the whole of the suit property.

(3.) The contention that the plaintiff and defendant 2 did not inherit any share in the property of Lal Mohamed was repelled by both the courts and so, they made a decree in favour of the plaintiff for partition and possession of a 3/8 share in the property of Lal Mohamed. 3A. Defendant 1 appeals.