ABDUL KAREEM Vs. ABDUL MAJEED

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for partition.

(2.) ABDUL Kareem, ABDUL Wahid, ABDUL Majeed and ABDUL Aziz were four brothers. ABDUL Wahid died on 29th March, 1969. It was thereafter that ABDUL Kareem filed the aforesaid suit for partition of his l/3rd share in the properties left by the deceased.

(3.) DEFENDANTS Nos. 1 and 2 set up a will alleged to have been executed by Abdul Wahid in respect of his properties. They asserted that as the plaintiff Abdul Kareem gave his consent to the will, as was required by the Mahomedan Law, he was not entitled to get 1/3rd share. Under the will, the plaintiff had been given a Khaprail which was in his occupation and he had agreed to the same.