MOHAMMAD MOHIT ULLAH KHAN Vs. BIBI HALIMA BEGAM

JUDGEMENT

(1.) These two connected appeals arise out of a suit for possession of zamindari shares in certain villages specified in the plaint and for mesne profits. The relationship between the parties would appear from the following pedigree:

(2.) Hidayat Ullah. Khan, the father of Halima Begam, the plaintiff, had zamindari property in two villages, Akbarpur and Bisaulia. His wife Mt. Masrur-un-nissa (the plaintiff's mother) owned property in two other villages Bilauna and Hamirpur. Hidayat Ullah died in 1885 and Masrur-un-nissa died in 1890 leaving three sons Amanat Ullah, Azmab Ullah and Mohit Ullah (defendant 1) and one daughter, Halima Begam, the plaintiff.:

(3.) The plaintiff's case is that on the death of her father and mother she succeeded to a share of 40 sihams out of 280 sihams. in her parents property in the four villages. Her eldest brother Amanat Ullah died in 1905 and she inherited a further share of 1G sihams out of 280 as his heir; She therefore claims 56 sihams out of 280 sihams in the four villages as heir to her father, mother and eldest brother.