GHAZANFAR HUSAIN Vs. MTAHMADI BIBI

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the learned District Judge of Benares affirming the decision of the primary Court in a suit for proprietary possession of certain shares in immovable property and for mesne profits. The propertyin suit consists mostly of shares in zamindari property, houses and miscellaneous property situate in the District of Jaunpur.

(2.) The property admittedly belonged to Mir Inayat Husain, who died on 6th January 1924, leaving a widow Mt. Ahmadi Bibi and two stepbrothers Ata Husain and Ghazanfar Husain.

(3.) This action was commenced on 3 April 1925, by Syed Ghazanfar Husain, his brother Ata Husain did not join in the suit and was impleaded as a defendant. The plaintiff claimed to recover a six-annas share in the estate of Syed Inayat Husain and founded his claim upon intestate succession under the Mahomedan Law.