ULFAT Vs. ZUBAIDA KHATOON

JUDGEMENT

(1.) THE following pedigree will help to elucidate the facts of the case :

(2.) ZUBEDA and Fahmida, mentioned in the above pedigree, instituted the suit out of which this appeal arises against the appellants for the following reliefs : (1) A decree against all the defendants for the partition of a ten annas share in the property left by Zahiruddin which, the plaintiffs alleged, was the entire property entered in list A attached to the plaint and which was in the possession of Ulfat and Mohmudan though a small portion of it - - the goods in the tailors shop - - was in possession of All Mohammad. (2) A decree for dower amounting to Rs. 250/ - against defendants 1 and 2; and (3) A decree against defendant No. 1 for the recovery of the jewelry mentioned in list B attached to the plaint which was alleged to belong to the plaintiff No. 1 and was said to have been entrusted by her to defendant No. 1.

(3.) IT appears from the Judgment of the trial court that the issue as to misjoinder was not pressed and the court held that there was no misjoinder. On the findings arrived at by the court the suit was decreed for all the reliefs claimed. It was further directed that, if defendant No. 1 failed to return the ornaments given in list B, she should pay the price of the ornaments at the current market rates of silver and gold.