MAHABUB NISSA BEGUM Vs. MAHOMED YUSUFF

JUDGEMENT

(1.) THIS revision solely relates to the question as to whether the petitioner is the son of one Ghulam Khadir, a contractor of Secunderabad. These proceedings arose out of a suit filed by Ghulam Khadir for the taking of the accounts of a dissolved partnership against one Abdul Karim. Ghulam Khadir died on 15th November 1945 and the respondent Mahomad Yusuff filed an application for being brought on record as the legal representative of Ghulam Khadir. He said that Ghulam Khadir left him surviving a son and four daughters as his heirs and legal representatives. The daughters of Ghulam Khadir who are the petitioners before us denied that the respondent Mahomad Yusuff was the legitimate son of Ghulam Khadir and they alleged that he was only a 'parwarda' foster -son. There having been dispute as to whether Mahomed Yusuff was the legal representative of Ghulam Khadir, the Court framed an issue and took evidence for and against. The parties filed documents and also examined witnesses and on the documentary and oral evidence the Court below came to the conclusion that Mahomed Yusuff had proved that he was the son of Ghulam Khadir by Farkhunda Begum. Against this order of the Sessions Judge, Secunderabad, this revision has been filed by the daughters.

(2.) ORDINARILY , we would not have gone into, the question in this revision as to who is the legal representative of Ghulam Khadir but would have allowed it to be agitated in a regular suit but the proceedings relating to the decision about the legal representative of the plaintiff in the suit itself, have dragged their weary length any have taken nearly four years. So we allowed the respective advocates to argue at length on the evidence.