HAFIZ ABDUL BASIT Vs. HAFIZ MOHAMMAD SAID

JUDGEMENT

(1.) On December 15, 1952, one Hafiz Abdul Basit instituted a suit for possession by partition, rendition of accounts of the rents and mesne profits and recovery of the amount found due on rendition of accounts. The suit was filed against 13 defendants.

(2.) There was a common ancestor of the plaintiff and defendants 1 to 8. His name was Hafiz Karim Baksh. He died in the year 1904. One of his sons was Sheikh Abdul Haq who died in 1922 possessed of an undivided 1/6th share in the estate which he held as tenant in common with the other heirs of his father. On his death this undivided share was inherited by his widow Mst. Kulsum-un-Nisa and his son Sheikh Mohd. Daud in moiety of 1/8th and 7/8th respectively. There was another son of Hafiz Karim Baksh, Sheikh Hafiz Abdul Khaliq by name. The plaintiff and defendants 1 to 9 are the sons, daughters and the widow of Hafiz Abdul Khaliq. In 1916, a suit was instituted for partition of the estate of the common ancestor Hafiz Karim Baksh which was decided by the Senior Sub Judge, Delhi on August 26, 1926. A partition decree was passed and under this decree the property detailed in Schedule 1 Column 'A' attached to the plaint fell to share of Kulsum-un-Nisa and Sheikh Mohd. Daud jointly in proportion of one-eighth and seven-eighth share respectively. This property was separately allotted to the widow and the son of Abdul Haq as their exclusive share on partition.

(3.) On April 17, 1952, Sheikh Mohd. Daud died leaving behind four heirs, viz., his paternal uncle Hafiz Abdul Khaliq, two widows Mst. Khatija Bi (defendant No. 10) and Mst. Mahmud-un-Nisa (defendant No. 11), and his mother Mst. Kulsum-un-Nisa (defendant No. 12). Hafiz Abdul Khaliq died on September 25, 1952 leaving behind five sons, four daughters and one widow. Mohd. Daud made a gift of his seven-eighth share to his mother Kulsum-un-Nisa. She was already the owner of one-eighth share in the property left by her husband. After the gift she became the full owner of the property. She made a gift of the entire property to Sheikh Mohd. Amil who was the grand son of her sister.