Judgment

Bhagwati J. - This is an appeal from the judgement and decree of the High Court of Judicature at Allahabad which set aside a decree passed by the Civil Judge of Azamgarh decreeing the plaintiff s claim.

2. One Haji Abdur Rahman, hereinafter referred to as "Haji" a Sunni Mohammedan, died on 26-1-1940 leaving behind him a large estate. He left him surviving plaintiffs 1 to 3, his sons plaintiff 4 his daughter and plaintiff 5 his wife, defendant 6 his sister, defendant 7 his daughter by a pre-deceased wife Batul Bibi and defendants 1 to 4 his nephews and defendant 5 his grandnephew. Plaintiff s case is that immediately after his death defendant 1 who was the Chairman, Town Area qasba Mubarkpur and a member of the District Board, Azamgarh and defendant 5 who was an old associate of his, started propaganda against them that they set afloat a rumour to the effect that plaintiffs 1 to 4 were not the legitimate children of Haji and that plaintiff 5 was not his lawfully wedded wife, that defendants 1 to 4 set up an oral gift of one-third of the estate in their favour and defendant 5 set up an oral will bequeathing one-third share of the estate to him and sought to interfere with the