FIRDOSE MOHAMED KHAN Vs. SIDDIQUE BEGUM ABDULLAKHAN KHILJI

JUDGEMENT

(1.) The plaintiff herein has been granted leave to sue in forma pauperi. The plaintiff has filed this suit against her step mother Siddique Begum, defendant No. 1 and her sisters Razia Begum, defendant No. 2, Tahera defendant No. 3 and Bilquis Begum, defendant No. 4. Bilquis Begum the 4th defendant died at Bombay in the month of August 1973. By an order of this Court dated the 4th March, 1975, the husband of Bilquis Begum was brought on record as defendant No. 4 and her minor son Abdul Qudus was brought on record as respondent No. 5. Shri R.N. Shah, the First Assistant Master has been appointed Guardian-ad-litem of the minor defendant No. 5.

(2.) The plaintiff has prayed for a declaration that the estate described in the Schedule marked Ex. B to the plaint was the estate of her father Abdullakhan Khilji together with accretions thereto and property acquired which formed part of the estate. The plaintiff sought for a declaration that she was entitled to 7/32 share in and from the said estate of her father. The plaintiff has prayed that the estate of her late father be ordered to be divided by metes and bounds and necessary accounts of the profits of the estate be taken with effect from the date of the death of the said deceased and the amount found due and payable be ordered and decreed to be paid over to her. That necessary orders and directions be passed for the administration and supervision of the said estate and that enquiries be made and accounts taken for that purpose. The plaintiff has also prayed for a permanent injunction retraining the defendants from dealing with or disposing of or preventing or interfering with the plaintiffs entry, possession, use and enjoyment jointly with the defendants of the estate inclusive of the premises situated on the 3rd floor of Sawal House at 53, Masjid Street, Bombay, and from transferring, encumbering or alienating the same. Finally, the plaintiff has prayed for costs of the suit.

(3.) In her plaint, the plaintiff averred that she and the defendants were Sunni Muslims of the Hanafi sect and that she was the daughter of one Abdullakhan Khilji, who died in Bombay intestate, on or about the 8th of June, 1958. The 1st defendant was the widow of the said Abdullakhan Khilji being his second wife. The first wife of the said Abdullakhan Khilji Mariambai was the sister of the defendant No. 1. Mariambai was the mother of the Plaintiff and defendants 2, 3 and original defendant No. 4. The plaintiff stated that the said deceased died leaving behind as his only heirs and legal representatives, the plaintiff and the defendants, who were entitled to succeed to his estate. The plaintiff stated that defendant No. 1, being the widow was entitled to 1/8th share in the estate of the said Abdullakhan Khilji and the plaintiff and defendants 2, 3 and original defendant No. 4 were entitled to 7/32 share of the estate of the deceased respectively.