SIDI Vs. MUNTI

JUDGEMENT

(1.) This Regular Second Appeal, by the defendants, is directed against the judgment and decree, dated 19.11.1997, of learned District Judge (first appellate Court) by which appeal of the appellants-defendants against the judgment and decree, dated 12.5.1993, of learned Sub Judge, thereby decreeing the suit of the plaintiffs, has been dismissed and the decree of the trial Court upheld.

(2.) Late Mahboob Khan (now represented by his legal representatives) filed a suit for declaration that he and Smt. Sidi, his step-mother and Smt. Tajo, his mother, had inherited the estate of his father Wali Momammed, in accordance with Hanafi Law and according to that law, defendant Sidi and his mother Tajo, had inherited only 1/8th share in the estate of said Wali Mohammad and the rest of the property had been inherited by him. He also sought a declaration that mutation dated 25.8.1982, copy Ext. DW2/A, mutating a portion of the estate in favour of the widows of deceased Wali Mohammad, on the basis of Will Ext. DW1/A, was illegal and not binding on his rights. He claimed that the parties being Sunis were governed by Hanafi Law and in accordance with that law he had inherited 7/8th share in Wali Mohammad's estate.

(3.) Suit was contested by the appellants-defendants. Defendant Sidi (now dead and represented by her legal representatives) pleaded that Will Ext. DW1/A had been executed, by which the entire suit property had been bequeathed by Wali Mohammad in favour of his two widows, including herself.