SHAIKH ABDUR RASHID Vs. MUSAMMAT QUDRAT-UN-NISSA

JUDGEMENT

(1.) The only question for decision in the second appeal is whether the suit out of which it has arisen was barred by the provisions of Order II, Rule 2 of the Code of Civil Procedure.

(2.) The facts are as follows.--The plaintiff in the suit is one Musammat Qudrat-un- nissa Bibi and it appears that she had a sister named Musammat Ashraf-un-nissa. This lady died on the 28 of January 1914. and left three heirs under the Muhammadan Law, One of these was the plaintiff, Qudiat-un-nissa, the other was her husband, Shaikh Abdul Rashid, and the third was her minor daughter, Musammat Kaniz Fatima.

(3.) After the death of Ashraf-un-nissa a suit was brought by Musammat Qudrat- un-nissa against her two co-heirs, namely, the husband and the minor daughter of her deceased sister. This suit was brought in the year 1914. In that suit the claim which was made by Qudrat-un-nissa was for the recovery of her share of certain zemindari estate which had belonged to her deceased sister, The two defendants to the suit were, as I have said, the other heirs of Musammat Ashraf-un-nissa. It was alleged in that case that Abdur Rashid, the husband, had collusively got mutation made in favour of the minor daughter in respect of the zemindari property. The claim, however, was, on the face, of it a claim for recovery of plaintiff's share of the zemindari property and for damages.