SHAIK MASTAN BI Vs. SHAIK BIKARI SAHEB

JUDGEMENT

(1.) THIS appeal arises from a decree of the Subordinate Judge, Guntur, whereby the appellants' suit for the establishment of their rights to possession of the plaint schedule properties has been dismissed, but without costs. The following pedigree would show the relation between the first appellant since deceased and the respondents:

(2.) SYED Hussain Saheb had apparently belonged to the Hanafi Sect of Sunni Mohammedans and is stated to have owned the properties in dispute. Merra Bi one of the two daughters had died before her father and Bikari Saheb, her son, would not therefore be entitled to any share in his grand -father's properties. Syed Hussain's heirs would be his two surviving children and the son's share in whatever properties he left would be twice to what the daughter would get.

(3.) THE document in favour of the niece is in similar terms. It also recites that since her husband died, the executant had been residing in their house having left her father -in -law's village and the donee has been attending to the executant. It then reads as follows: