ZAIBUNNISA Vs. NAZIM HASAN

JUDGEMENT

(1.) This is a special appeal brought on a permission granted by a learned single Judge to appeal to a Division Bench. The case raised interesting questions of Mohammdan Law.

(2.) The plaintiff, who is the appellant before us, filed a suit for possession of certain properties and for mesne profits. The plaintiff's case was that she was the sister of one Mohammadi' Bibi, who had become a full owner of the properties in suit after the death of her husband. Hamid All and that subsequently Mohammadi Bibi, died leaving the plaintiff as her sole heir. The plaintiff laid claim to the properties which were in the possession of Mohammadi Bibi and she challenged the right of the defendants to have mutation of their names in respect of the said properties or to continue in possession thereof.

(3.) Mohammadi Bibi was, as noticed above, the wife of Hamid Ali and on Hamid Ali's death she appears to have retained possession of the properties in lieu of her dower debt. On Mohammadi Bibi's death, which event took place in the year 1944, the defendants got into possession over the properties in dispute in assertion of their right as heirs of Hamid Ali deceased.