MD MEHMOOD & ORS Vs. NARGIS BEGUM

JUDGEMENT

(1.) One Md. Bashir was a Mohammedan. He had two wives. Through the first wife, Noor Jahan, were born the plaintiffs, the ninth defendant and three others. Those three other offsprings predeceased their father. Nobody knows when his relationship with his first wife got severed. But it is quite clear that he stopped living with her by the end of the 60s and divorced her. She is long dead. She died on 3rd July, 2000. The first defendant is his second wife. Md. Bashir married her on 19th September, 1969. (Evidence of the first defendant Xn.6). Through this wife he got four daughters who are the second to the fifth defendants. All these daughters are married, the first two in Kolkata, the third in Australia and the youngest in Mumbai (Evidence of the first defendant Xn 40-50)

(2.) It is reasonably clear that at least during the years preceding his death Md. Bashir lived on the second floor of premises no. 75, Elliot Road, Kolkata-16 with his second wife. It also appears that he had no real connection with the offsprings through his first wife, although it is not possible for this court to say that he had no connection. His eldest son Md. Mehmood, the first plaintiff lived in an area of 350 sq. ft. on the first floor of the said premises with his family, separately and with an independent kitchen. The day to day affairs of Md. Bashir were looked after by his second wife, the offsprings through her and partly by his nephew Md. Farooque.

(3.) At the time of his death on 15th January, 2007 Md. Bashir had two properties in Kolkata one at premises no. 75 Elliot Road and the other at 62 Taltala Lane.