MOHAMMED QUTUBUDDM KHAN Vs. HABEEBUNNISA BEGUM

JUDGEMENT

(1.) The unsuccessful plaintiff in the suit is the appellant.

(2.) The facts giving rise to the litigation between 'he parties are not uncommon. Nawab Gulam Mohiuddin Khan died on 6-6-1964 at Hyderabad leaving behind him as his heirs, his widow defendant No. 1 his sons, defendants 2, 3 and the plaintiff, and his daughter, defendant No. 4, He left behind him immovable properties mentioned in the 'A' Schedule annexed to the plaint and a'so considerable immoveable properties including cash. Defendants 5 to 21 are the alienees of the properties mentioned as Items 1 to 8 in the 'B' Schedule by defendants 1 to 3. Under the Muslim Law of succession, the plaintiff and defendants 3 and 4 are entitled to 1/4th share each and the 1st defendant gets 1/8lh share. The 4th defendant also is entitled to 1/8th share. Another daughter by name Kaleemi Banu Begum of the Nawab by his first wife had been given her share in the property at the time of her marriage under a registered partition deed of 1356 Fasli.

(3.) The plaintiff claims that he was born on 15-8-42. According to him he was a minor when the alienations were effected by defendants 1 to 3 in favour of the several persons who are implea- ded as defendants 4 to 21, and the alienations are void and are not binding on him. Therefore, he filed a suit in forma pauperis for partition of the plaint schedule properties and for mesne profits.