HUSSAIN SAIB Vs. HASSAN SAIB

JUDGEMENT

(1.) This appeal arises out of suit which has been referred to as a suit for partition. In reality, its subject-matter consists of what might have given rise to several suits for partition, for administration and perhaps for dissolutions of partnership, relating to the estates of persons who lived and carried on business in the beginning and middle of the last century.

(2.) It is not disputed that the parties are governed by the Muhammadan Law of succession and inheritance. Whether their mode of life will affect the law applicable to the property acquired or inherited by them, is one of the many questions that will have to be considered.

(3.) I will deal in the first instance with the history of the family; and will then consider the rights of the parties in the circumstances and events that are proved.