JUDGMENT

Kuldip Singh, J.

1. Rajubai was the owner of the house in dispute. Jaitunbi, respondent in the appeal herein, is her daughter. Shamsuddin, the appellant, is the grandson of Rajubai from another daughter Mehamunisa who died near about 1933-34. Rajubai died on June 7, 1975. Jaitunbi instituted a suit for a declaration and possession to the effect that she, "being a sharer" (class I heir) under the the Mahomedan Law, was entitled to inherit the house in dispute to the exclusion of the respondent who was a "distant kindred" (class III heir). The trial court dismissed the suit. The lower appellate court reversed the judgment of the trial court and decreed the suit. The High Court dismissed the second appeal in limine. This appeal by shamsuddin is against the judgment and decree of the lower appellate court as upheld by the High Court.

2. The lower appellate court reversed the finding of the trial court on the question of inheritance on the following reasoning : -

" The persual of the said classification of heirs makes it ample clear that the original plaintiff/the appellant is the only Class I heir of the said Smt. Rajubai Dadu Pinjare. It further makes it crystal clear that the or