NAWAZISH ALI KHAN Vs. ALI RAZA KHAN

JUDGEMENT

(1.) These are consolidated appeals from a judgment and decree of the Chief Court of Oudh, dated 12 - 1 - 1943,.which modified a decree of the said Court in its original civil jurisdiction, dated 30 - 10 - 1937. Sardar Nawazish Ali Khan will be referred to herein - after as "the appellant", and Sardar Ali Raza Khan as "the respondent." . Reported in ('43) 30 AIR 1943 Oudh 243-Ed.

(2.) The family to which the parties belong are Shiah Mohammadans of the Ashna Aahari Sect governed by the Imamia law.

(3.) The litigation which led up to these appeals arose out of the wills of Nawab Sir Nawazish Ali Khan and Nawab Nasir Ali Khan, who were related to the parties to these appeals as shown in the pedigree following :