ABBASALI SHAH Vs. MOHAMMAD SHAH AND OTHERS

JUDGEMENT

(1.) THIS second appeal of the plf. arises out of a suit for declaration that the decree dated 31 -13 -1937, obtained by deft. 1& 2 in civil Suit No. 162 of 1937, in the Ct of Subordinate J., Jaora, against deft. 3 does not affect the tights of the pltf. as Sole manager of the Bandakheli graveyard. The suit was decreed in the Ct. of first instance. The lower appellate Ct. reversed that decision & dismissed the suit. The plf. has, therefore, preferred this appeal.

(2.) THE relations of the plf. & defts. will be clear from the following genealogy :

(3.) DEFENDANTS 1 & 2 then brought a suit against deft. 3 in the Ct. of Subordinate J., Jaora, for cancellation of the deed of gift dated 8 -6 -1936. The pltf. was produced as a witness on behalf of deft. 3, The suit was decreed & the said deed of gift was declared null & void. The Ct. upheld the will dated 7 -10.1918 & declared defts. 1 & 2 as heirs of Wazir Ali Shah. This decision was upheld by the H.C. in Jaora State, & so far as this Ct. is concerned, this is a final decision on the rights & interests of defts. 1 & 2 vis -a -vis deft. 3.