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1970 Supreme(SC) 167

A.N.GROVER, J.C.SHAH, K.S.HEGDE
Mir Muzafaruddin Khan – Appellant
Versus
Syed Arifuddin Khan – Respondent


A.N.Grover, J.

(1) HIS is an appeal by certificate from a judgment and decree of the Andhra Pradesh High court. The suit out of which the appeal arises relates to the properties which originally belonged to Nawab Zainulabud Din Khan, a retired Revenue Officer, who died at Hyderabad on 18/12/1953. The following pedigree table will be helpful in understanding the relationship between the parties :

(2) IN 1954 Syed Arifuddin who claimed to be the son of Syed Zainulabudin Khan from his wile Mehrunnissa Begam instituted a suit in forma pauperis impleading Khaderunnissa Begam defendant No. 1 who was the daughter and Asmutunnisa Begam defendant No. 2 who was the widow of the deceased as parties. It was stated that his deceased father had left movable and immovable properties set out in lists A, B, and C valued approximately at Rs. 1,61,516-10-8. Out of these defendant No. 1 was entitled to 1/3 share, defendant No. 2 to 1/8 share and to the balance of the property the plaintiff was entitled. Subsequently defendants 3 to 6 applied to the court to be impleaded as defendants as they also claimed interest in the suit properties. The application was granted and the





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