HASHMAT ALI Vs. MT. NASIB-UL-NISSA

JUDGEMENT

(1.) THIS is an appeal from a decree, dated the 23rd of July, 1921, of the High Court of Judicature at Lahore, varying a decree, dated the 28th of May, 1915 of the Court of Senior Subordinate Judge of Rohtak.

(2.) THE suit is brought by Mt. Nasib-ul-Nissa to recover possession of immovable property described in the plaint on the ground that it formed part of the inheritance left by her uncle, Mir Barkhat Ali, and on the death of Mt. Bismillah Begam, his last surviving widow, devolved on her as his customary heir.

(3.) UP to the Mutiny the entirety of these villages belonged to Bisharat Ali. They were then confiscated for his alleged default of duty. But on the application of Barkhat Ali, whose military service had earned him the good will of the authorities, the villages in 1858 were restored to him and Umrao, Bisharat's son, and their names were entered in the revenue records. The Subordinate Judge held that the name of Barkhat Ali was included as part owner without any apparent rhyme or reason by Barkhat Ali himself when Umrao was a mere boy of 14, that Barkhat Ali had never been in actual possession or enjoyment of the villages, and that the defendants had so long been in adverse possession of them against Barkhat Ali and his successors that the plaintiff was not entitled to lay any claim to them. The High Court, for reasons which appear in its judgment, took a different view and held that the moiety of these villages belonged to Barkhat Ali.