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1980 Supreme(SC) 447

P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Karbalai Begum – Appellant
Versus
Mohd. Sayeed – Respondent


Advocates:
B.K.Garg, KISHAN DATTA, PREM MALHOTRA, SUNIL JAIN, Uma Datta, V.J.Francis

Judgment

FAZAL ALI, J.:- How dishonest cousins, looking after the lands of their brothers widow, situated far away from the place where the widow was living, taking undue advantage of the confidence reposed in them by their widowed sister-in-law and having painted a rosy picture of honestly managing the property and giving her due share, cast covetous eyes on their sister-in-laws share and with a deplorable design, seek to deprive her of her legal share and deny her legal rights is not an uncommon feature of our village life. That this is so is aptly illustrated by the facts of this case where the sister-in-law was driven by the force of circumstances to indulge in a long drawn litigation in order to vindicate her legal rights in wresting her share of the property from the hands of her cousins. This is the unfortunate story of the poor and helpless appellant, Karbalai Begum, who having failed to get justice from the High Court of Allahabad was forced to knock the doors of the highest Court in the country and has, therefore, filed the present appeal in this Court after obtaining special leave.

2. In order to understand the facts of the case, it may be necessary to give a short genealo


















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