RAHMAT BAI Vs. RAHMAN

JUDGEMENT

(1.) A suit was filed in the Court of Civil Judge (Class II) Sheopurkalan on 25 -4 -1970. Appellant Mst. Rahmat Bai was plaintiff No.1.

(2.) THE plaint showed her sister Mst. Maqbul (now respondent No.4) as the plaintiff No.2. Their sisters Mst. Ausafi (respondent No.2) and Mst. Hameedan (respondent No.3) were defendants 2 and 3. Mst. Ausafi's son Rahman (respondent No.1) was defendant No.1. The four sisters who had no brothers were daughters of one Noor Beg (since deceased) and one Mst. Noor Bano who died a widow. The suit was in respect of Survey Nos. 56, 267, 247 and 168 (total area 33 bigha' 11 biswa'), situate at Mouza Kunhjapura. A declaration was sought in the following terms: ...[VERNACULAR TEXT COMITTED]...

(3.) THE reliefs were claimed on the following averments. The plaintiff's, father Noor Beg held Survey Nos. 92, 185, 300/6, 303/1, 367/6, 390/2 (total area 39 bigha' 10 biswa') situate at Mouza Kunhjapura, Tahsil Sheo -purkalan district Morena, in Bhumiswami rights. He died (intestate) about 10 years before the date of institution of the suit, sonless, but survived by his widow Mst. Noor Bano and 4 daughters (the plaintiffs and defendants 2 and 3). The plaintiffs averred that the suit lands devolved on Mst. Noor Bano and his daughters in well -defined share in accordance to their personal law i.e. the Mohammadan Law.