MOHAMMED YOUSUF Vs. MAHBOOBUNNISSA BEGUM

JUDGEMENT

(1.) This appeal preferred by the plaintiff is directed against the judgment and decree of the Additional Chief Judge, City Civil Court, Hyderabad in O.S.No.6 of 1959 dismissing the plaintiff's suit filed in forma pauperis for declaration that the plaintiff is the son of late Gulam Khader and entitled to 2/6th share in the "Matruka" properties left by late Gulam Khader and for partition and possession of his share.

(2.) The plaintiff, Mohammed Yousuf, who is the appellant, claimed to be the son of one Gulam Khader and his first wife, Farkhunda Begum. Gulam Khader in all had five marriages and his first marriage with Farkhunda Begum was in January, 1905 and after her death, Gulam Khader married Ghafoorunnissa Begum in June, 1909. Defendants 1 and 2 are the daughters of Ghafoorunnissa Begum. The third wife of Gulam Khader was one Khairunnissa Begum, who bore no children. The fourth wife of Gulam Khader was Malikunnissa Begum and her daughters are Kulsum Begum and Akterunnissa Begum, defendants 3 and 4 respectively. The fifth wife of Gulam Khader was Hidayathunnissa Begum, who had no children.

(3.) It is the case of the plaintiff that Gulam Khader, who died on 15th November, 1945, is survived by him (the plaintiff and the four defendants, who are in possession of the 'matruka' properties detailed in the plaint and that, under the personal law governing the Muslims of their sect, he is entitled to 2/6th share in all the properties of his father, Gulam Khader.