MT IZHAR FATMA BIBI Vs. MTANSAR FATMA BIBI

JUDGEMENT

(1.) This is an appeal by the plaintiffs whose suit for possession of 21/48 sihams in certain zamindari property and a small house specified at the foot of the plaint has been dismissed by the Court below. It might be convenient at the very outset to set forth a small pedigree.

(2.) The plaintiffs to the suit were Mt. Izhar Fatma Bibi, Mt. Saghir Fatma Bibi and Mt. Aziz Fatma Bibi. The defendants to the suit were Mt. Fatma Sughra Bibi defendant 3 (who might be said to be the principal contesting defendant), Mt. Ansar Fatma Bibi, defendant 1, and Mt. Anwar Patina Bibi, defendant 2. Mt. Anwar Fatma Bibi is married to Ejaz Husain, son of Jawad Husain, Mt. Izhar Fatma Bibi and Mt. Saghir Fatma Bibi are married to two brothers, Saiyed Zulfiqar Husain and Saiyed Zulfiqar Haider, sons of Ghulam Haider. Mt. Aziz Fatma Bibi is married to Ali Athar. Saiyed Hasan Ali is the father and general attorney of Mt. Fatma Sughra Bibi. Mt. Ansar Fatma is Hasan Ali's father's phuphi's daughter. Jawad is a cousin of Mt. Ansar Fatma. We have mentioned these names and relationships, because they have some bearing on the case. Chaudhuri Saiyed Ali Azhar died on 4th March 1907, and Muhammad Mazhar and his son Muhammad Azhar died some time in October 1929 within a few days of each other at Karbala where Muhammad Mazhar had gone on a pilgrimage.

(3.) The allegations on which the plaintiffs brought the present suit out of which this appeal has arisen might be summarized. It is said that after the death of Ali Azhar, his widow Mt. Ansar Fatma Bibi, defendant 1, got her name recorded in the public papers against the entire property left by Ali Azhar to facilitate management during the minority of her children, but all the heirs of Ali Azhar remained joint in business, food and residence and their marriages, gauna and rukhsati were all celebrated from Ali Azhar's house. After the death of Muhammad Mazhar and his son, Mt. Fatma Sughra Bibi, defendant 3, applied for the mutation of her name against five shares and that of Mt. Ansar Fatma against one share in the property of Ali Azhar, and in connexion with the mutation case it was alleged on behalf of Mt. Fatma Sughra Bibi that the plaintiffs, Mt. Anwar Fatma Bibi, defendant 2, and Muhammad Mazhar had relinquished their right in the property left by Ali Azhar in favour of Mt. Ansar Fatma Bibi under a document dated 3 June 1924 and that under another document dated 12 July 1924 Mt. Ansar Fatma Bibi had made a gift of the entire property in favour of Saiyed Muhammad Mazhar.