LALON BIBI AND PARBATI BAI Vs. DHAN BIBI

JUDGEMENT

(1.) This is a suit brought by one Lalon Bibi to establish her right to obtain possession of a 12 annas share of the property of one Khoda Baksh, now deceased. The plaintiff alleges that her mother Parbati, who was a Hindu, became a Mussulman, and was married by Khoda Baksh, that she is the result of their union and was acknowledged by Khoda Baksh to be his legitimate daughter, and that she is accordingly entitled to the share of the property claimed by her.

(2.) The defence is that Parbati never became a Mahomedan, and was never married by Khoda Baksh, and that the plaintiff never was acknowledged by Khoda Baksh to be his daughter.

(3.) The first District Judge, before whom the case came, found that Parbati was a Hindu prostitute, who lived with Khoda Baksh as his mistress; she never became a Mahomedan and Khoda Baksh never married her. He found, however, that Khoda Baksh had, before his death, acknowledged the plaintiff as his daughter.