CHAUDHARI MOHAMMAD SHOAIB KHAN Vs. ZAIB JAHAN BEGAM

JUDGEMENT

(1.) This appeal and the connected First Appeal No. 388 of 1924 arise out of two suits for recovery of possession brought by two sets of rival claimants against Musammat Zaib Jahan Begam the defendant in possession. It appears that Bakhsh Ali Beg was the last full owner of the property in dispute and on his death he left a widow Musammat Hazurunnissa, a son Yusuf Beg and a daughter Musammat Hayatunnissa. The son and the daughter survived the widow. Thus they got two- thirds and one-third share respectively in the estate of Bakhsh Ali Beg. Yusuf Beg died in 1920 leaving Musammat Zaib Jahan Begam as his widow and his sister as two of his heirs. The remaining share in his estate would go to the residuaries, if any, and failing them to the distant kindred. It is an admitted fact that on the death of Yusuf Beg no claim was put forward either by any residuary or by distant kindred, and the names of Musammat Zaib Jahan Begam and Musammat Hayatunnissa were recorded on specific shares.

(2.) In 1922 Musammat Hayatunnissa died and soon after her death the present plaintiff Muhammad Shoaib Khan obtained a sale-deed from Nur Beg and Yakub Beg who asserted themselves to be the residuaries of the deceased. Suit No. 39 of 1923 out of which this appeal arises was instituted by Muhammad Shoaib Khan. The other suit was filed by Afsar Beg and others who claimed to be the distant kindreds. It may be mentioned that in the Mutation Court Musammat Zaib Jahan Begam succeeded mainly on the ground of her possession.

(3.) The rival claimants of course did not admit the title of the opposite party and Musammat Zaib Jahan Begam denied the rights of both sides. The Court below has found in favour of Afsar Beg and others and held that they are the distant kindreds, and has found that the plaintiff Muhammad Shoaib Khan has failed to prove that his transferors were the residuaries of the deceased. It has further found that Musammat Zaib Jahan Begam is in possession of the estate left by Yusuf Beg, excluding of course her own share, in lieu of her dower debt. The amount of her dower debt has been found to be Rs. 5,000. Musammat Zaib Jahan Begam has submitted to the decree in favour of Afsar Beg and others but Muhammed Shoaib Khan has appealed in both the suits.