RAHMAT ULLAH Vs. MAQSOOD AHMAD

JUDGEMENT

(1.) This is an appeal by Rahmatullah & his three sons, who were defts. in a suit, instituted by the plffs.-respondents, Maqsood Ahmad & his two sisters, to recover possession over a house, which admittedly be. longed to Mohammad Yaqub, son of Seadat by his wife Mt. Qadri. It is not disputed that the plaintiffs are the children of Mohammd Yaqub's own sister. They claimed title to the house in suit as heirs of Mohammad Yaqub & alleged that the defts. were in wrongful possession thereof. The defence set up by Rahmatullah (deft. 1) was that he was the own brother of Mohammad Yaqub, being the son of Seadat & Mt Qadri, & thus he had inherited the houses as an heir under the Mohammedan Law. The case of Rahmat-ullah's sons (defts. 2 to 4) was that they were owners in possession of the house, under a will executed by Mohammad Yaqub. The plffs. denied that Rahmatullah was the son of Saadat A challenged the will set up by his sons.

(2.) The learned Munsif of Meerut, who tried the suit, found that Rahmatullah was not the son of Saadat, but, that he was the illegitimate son of Mt. Qadri & that the will set up by Rah-matullah's sons was valid & the plffs. therefore, had no title to the property. Accordingly, he dismissed the suit.

(3.) The lower appellate Court affirmed the trial Court's finding that Rahmatullah was the illegitimate son of Mt. Qadri & further found that he was not the uterine brother of Mohammad Yaqub. He also found that Mohammad Yaqub had not executed any valid will. The suit was, therefore, decreed.