ISHAK ALI Vs. UNNASBI PORTHAHIN

JUDGEMENT

(1.) THE second plaintiff is the appellant in this appeal.

(2.) THE present suit was brought by one Ramjan All and the present appellant, Ishak Ali, claiming one-third share in the property left by one Shahbax Khan. The genealogy in so far as we are concerned is as follows : INAYAT KHAN ____________________________________|___________________________ | | | | | | | nage Khan Jainuddin Khan Salabat Khan Mohiuddin Khan Jahuranbi Sahuranbi Mulayambi ______________________|__________________ Lal Mohammad | | yakub Khan Shahbaz Khan | Jebanbi | Ninibi | md. Abid= Unhashi = Abbasali = Betulbi (Deft. 1)| ___________________|______ (Deft. 5) | | | ishaq Ali (?) | (Pltf. 2) (Pltf. 1) | | Yakub Ramjanali | | | ayub Mohammad Safl Mohammad (Deft. 2) (Deft. 3) (Deft. 4)

(3.) AFTER the death of Inayat Khan the property was divided equally between his four sons. At that time, it appears that the claim of the daughters of Inayat Khan was overlooked. Later, Salabat Khan died in 1908. The four anna share of Salabat Khan was recorded in the name of Shahbaz Khan alone. The claims of the daughters of Salabat Khan -- Mst. Jebanbi and Mst. Ninibi -- were again overlooked. Shahbaz Khan died on 13-12-1945. His elder brother, Yakub Khan, had predeceased Salabat Khan. After the death of Shahbaz Khan, a suit was filed by Mst. Betulbi, daughter of Yakub Khan, against the present defendants 2, 3 and 4 claiming a share in the property of Salabat Khan. That suit failed. We are not concerned with the facts of that suit as it was not between the parties, except to show the history of litigation in the case. Before his death, Shahbaz Khan executed a deed of gift on 30-4-1942, by which he gifted his entire property to defendants 2, 3 and 4. It is thus that defendants 2, 3 and 4 came into possession of the original four-anna share of Shabhaz Khan. The present suit was filed by the two plaintiffs, claiming one-third share in the four-anna share inherited by Shahbaz Khan from Salabat Khan and gifted to the answering defendants 2, 3 and 4. In doing so, the two plaintiffs claimed in the right of their mother. Mst. Jebanbi, who according to them, was entitled to one-anna share inherited from Salabat Khan.