BIBI AESHA Vs. MOHAMMAD ABDUL KABIR

JUDGEMENT

(1.) This is an appeal by Bibi Aesha, the plaintiff in the suit, against a judgment and decree dated 19th December 1927, of the High Court of Judicature at Patna, which reversed a judgment and decree, dated 24th September 1926 of the Subordinate Judge of Patna.

(2.) The suit was brought by the plaintiff to recover her share of the heritage of her father and mother. The claim include a prayer for a declaration that certain deeds named therein were inoperative, fraudulent and ineffective as against the plaintiff, and for confirmation of her possession, or in the alternative for possession of the properties mentioned in Sch. 6 of the plaint.

(3.) The defendants were her four brothers: (1) Abdul Kabir, (2) Abdul Majid, (3) Muhammad Manir, (4) Abdul Hamid, and (5), (6) and (7) the widow and two minor daughters of a deceased fifth brother, Muhammad Nazir. The minor daughters appeared through their mother. There were certain other defendants, transferees from some of the defendants, and to whom detailed reference is not necessary. The plaintiff is the daughter of one Shaik Fasal Iman, a Sunni Moslem and Bibi Zohra, his wife. The following pedigree will be useful for reference: