(1.) The facts of this case are as follows. One Musammat Aisba died on the 26th January 1907 leaving certain Zamindari property.
(2.) This lady had a husband and three brothers, and on her death the property she left was recorded in specified shares in the names of these persons, The husband took three siham and the brothers one siham each.
(3.) One of the brothers was Abdul Hakim, who disappeared in the year 1805 and who was still missing at the time of his sister's death. Another brother is the plaintiff in the present suit, i.e., Hafiz Abdul Waheed.