MUJTABAI BEGUM Vs. MEHBUB REHMAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22 -1 -1952 of the Court of the Additional District Judge, Indore, in Civil Suit No. 5 of 1949. The suit was filed by respondents 1 to 4 against the appellants, who were defendants 1 and 2, and respondents 5 to 8, who were defendants 3 to 6.

(2.) THE relationship between the parties is shown by the following genealogical tree: <FRM>JUDGEMENT_196_TLMPH0_1959.htm</FRM> The dispute relates to the property of Sirajur Rehman Khan, who died on 5 -12 -1946. Appellant No. 1 Mujtabai Begum is his widow and appellant No. 2 Solat Jehan is his daughter. The four plaintiffs (respondents 1 to 4) arc the sons of one brother and the other defendants (respondents 5 to 8) are the sons of another brother of Sirajur Rehman Khan. The relationship between the parties is not in dispute.

(3.) THERE is also a house at Jaora (Schedule C) left by the deceased, but it was not included in the plaint claim and need not therefore be referred to.