ABDUL GAFUR MAHMADSAHEB MANIYAR Vs. JAYARABI IBRAHIM

JUDGEMENT

(1.) This civil revisional application relates to a succession certificate granted to the estate of one Abdul Nabi. The learned trial Judge granted two certificates. As regards certain properties described in the present proceedings as property A, be granted a certificate to the son Ahmadsaheb and the widow Sharifabi of Abdul Nabi, but he left out the daughters Jairabi and Ghudnma, who were opponents Nos. 3 and 4 in the trial Court. Then as regards the property B, he granted a certificate to Abdul Gafur the son and Rasulbi the widow of Mabaniad Husein. In doing so, the learned Judge left out the daughter Jaytumbi who was opponent No. 5 in the trial Court.

(2.) The property A and the property B in question had been the subject of litigation in which there had been a compromise decree as between the respective branches of Abdul Nabi and his brother Maharnad Husein. This compromise decree dated August 2, 1&26, is in cross appeals to this Court Nos. 308 and 620 of 1925, and is at p. 9 of our paper book.

(3.) The learned trial Judge granted these separate certificates because be took the view that under this compromise decree the property A went to the branch of Abdul Nabi, and the property B to the branch of Mahamad Husein. He also took the view that under this compromise decree the two daughters of Abdul Nabi, viz,, Jairabi and Ghuduma, and Mahamad Husein's daughter Jaytumbi were excluded, their rights having been bought up.