SHEIKH MUHUMMAD MUMTAZ AHMAD Vs. ZUBAIDA JAN

JUDGEMENT

(1.) THE Appellants, who were Plaintiffs in the suit, claim as purchasers of three-fourths of a share in an estate to which they alleged that Mahomed Usman had succeeded by descent from Himayat Fatma, The first two Appellants claimed as direct purchasers from Usman, and the third as a sub-purchaser.

(2.) THE estate originally belonged to Chaudri Hafiz Hussain, who died in 1865 without leaving male issue. After his death his widow, Himayat Fatma, and his daughter Zahur Fatma, by an award made with their mutual consent, obtained proprietary possession of the property in equal shares, and Chaudri Ahmad Hussain, husband of Zahur Fatma, was entrusted with the management.

(3.) USMAN was made a pro forma Defendant.