MT KANIZ FATMA Vs. YAD HUSAIN

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for a declaration that the plaintiff is entitled to a nine annas share out of certain property and that defendants 1 to 4 are entitled to a one anna share and defendant 5 to 4 annas.

(2.) The relationship between the parties ap pears from ttig following pedigree:

(3.) The plaintiff, Mt. Kaniz Patima, claims that the property in suit belonged to her father Khairatun Nabi and that she is entitled to an eight annas share as his heir. Out of the two annas share which passed by inheritance to her mother Mt. Wajibunnissa, she is entitled to a further one anna share as heir of her mother. She alleged that it had finally been decided between the parties, in Suit No. 514 of 1924, that the property belonged to her father. The principal defence set up by defendants 1 to 4 who are sons of Niaz llusain, the brother of Mt. Wajibunnissa, was that it had been decided in a previous Suit No. 4 of 1924, in which they were the plaintiffs, as against Kaniz Patima and her transferees as defendants, that the property belonged to Mt. Wajibunnissa and that they are entitled to a half-share and that Mt. Kaniz Patima is precluded by the rule of res judicata from impeaching the correctness of that decision.