Sir John Beaumont. -

These are consolidated appeals from a judgment and decree of the Chief Court of Oudh, dated 12 - 1 - 1943, Reported in ('43) 30 AIR 1943 Oudh 243-Ed, which modified a decree of the said Court in its original civil jurisdiction, dated 30 - 10 - 1937. Sardar Nawazish Ali Khan will be referred to herein - after as "the appellant", and Sardar Ali Raza Khan as "the respondent."

[2] The family to which the parties belong are Shiah Mohammadans of the Ashna Aahari Sect governed by the Imamia law.

[3] The litigation which led up to these appeals arose out of the wills of Nawab Sir Nawazish Ali Khan and Nawab Nasir Ali Khan, who were related to the parties to these appeals as shown in the pedigree following :

Nawab Ali Raza Khan

(died 24th June 1865)

Sir Nawazish Ali Khan, K.C.I.E. Nawab Nasir Ali Khan Nisar Ali Khan

(died 1890) (died 19th Nov. 1896) (died 1878)

Hidayat Ali Khan Khan Bahadur Sardar

(born about 1878; Mohammad Ali Khan

died 25th Oct. 1924) born about 1870)

Sirdar Nawazish Ali Khan Mohd. Husain

(born 1901) (born 1902)

(Appellant)

Sirdar Ali Raza Khan Ali Khan Mansur Ali Khan And others

(born 1892) (born 1894) (born 1894) born after 1894

(Respondent)

Barkat Ali Khan Sir Fate