JUDGMENT

1. This appeal by special leave arises from the judgment of the Division Bench of the Calcutta High Court in appeal from original decree No. 652/61 and cross-objections dated June 8, 1973. This Court while granting leave limited the appeal to the questions raised in ground Nos. II and VI dealing with inheritance of property belonging to Sabul, Liaquat and Mahujammusa. Therefore, untrammeled by the controversy which hinged in the trial court and the High Court, we confined our consideration only to these two questions.

2. This appeal arises out of a partition suit. The genealogy table before us has not been disputed. It would show that Haji Ishan Ali died in 1955 leaving behind his widow Samudanusa, plaintiff No. 1 (P-1), who also died pending suit in 1966; his two daughters, plaintiff No. 2 (P-2) Bibi Mewannesa and Bibi Mahujammusa, defendant No. 5 (D-5); and three sons Jabar Ali, Isabul Ali and Sabul Hasan. Jabar Ali left behind defendant No. 1 (D-1), a son and defendant No. 2 (D-2), a daughter. Isabul Ali left behind him defendant No. 3 (D-3), a daughter. D-3 was married to D-1. Sabul Hassan pre-deceased Isabul Ali, leaving behind defendant No. 4 (D-4), a son and Liaquat