QAZI SHAMIM AHMAD Vs. SHEIKH HESAMUL HAQ

JUDGEMENT

(1.) For the elucidation of the facts of the case it is necessary to refer to the following genealogical table:

(2.) One Sheikh Abdul Haq was possessed of an eight anna zamindari share in Taluqa Bhadeon asli together with the dakhli villages of Salarpur and Chak Daud, an eight anna share in Mauza Basahi and 12 bighas held in Bigha dam tenure in Mauza, Makhdumpur. He died in 1901 leaving Mt. Jinnat Bibi, who was the daughter of a predeceased wife, Mt. Khudaija Bibi, his widow ( his second wife ), Hesamul Haq, defendant 1, who is his son, and two daughters Saida Bibi and Mt. Ummatunnissa alias Bunnan Bibi. The Quranic share of Saida Bibi in the estate of her father was 250 sihams out of 1440 Sihams. Mt. Saida Bibi died on 8 July 1920, leaving as her heirs her husband Shamim Ahmad, a son Nairn Ahmad, a daughter Mt. Bachchi Bibi alias Azizunnissa Bibi, and her mother Mt. Khudaija Bibi.

(3.) Upon the death of Abdul Haq, the entire property was mutated in the name of Hesamul Haq, his only son, who was then a minor. Saida Bibi does not appear to have claimed her share of the property during her lifetime. Upon her death the present suit was instituted on 30 June 1926, by her husband, her son and daughter for recovery of their shares in the property, which amounted to 210 sihams out of 252 sihams, which had devolved upon Saida Bibi upon the death of her father. Mt. Khudaija Bibi, the mother, did not join in the suit, but she was impleaded as defendant 4 in the action.