Judgment

MATHEW, J.: This is an appeal by special leave from the judgment and decree dated 30-9-1963 passed by the Allahabad High Court in Special Appeal No. 8/1957, reversing the judgment and decree of a single judge of that court in First Appeal No. 54/51 from the decree of the trial court in O. S. No. 69/12 of 1940.

2. The suit was for partition and recovery of the plaintiff s share in the plaint property. The original plaintiff, one Kundan Lal died during the pendency of litigation and he was represented by his son Kunj Behari Lal and widow Shrimati Dallo. The defendants to the action were four in number. Haji Faqir Bux, son of Haji Khuda Bux, and the two sons of Haji Faqir Bux, namely Abdul Ghafoor and Sheikh Abdullah were defendants 1 to 3. The fourth defendant was Shrimati Kallo. Haji Faquir Bux died during the pendency of the litigation. Shrimati Kallo also died during the pendency of this litigation and they are represented in the appeal by their legal representatives. The property, of which partition was sought, consists of a big ahata in mohalla Rahimganj in the city of Lucknow.

3. The property originally belonged to Begum Mumtaz Mahal wife of Nawab Ghaziuddin Hyder. She gi