B.K.SOMASEKHARA
Khamarunnissa, Khammar Bai – Appellant
Versus
Fazal Hussain, Afsar Hussain – Respondent
( 1 ) THESE two appeals arise out of a common judgment by the learned additional Chief Judge-cum-II Additional Metropolitan Sessions Judge, hyderabad in O. S. No. 833 of 1978 and O. S. No. 53 of 1981 dated 29-9-1982. C. C. C. A. No. 28 of 1983 arises out of O. S. No. 833 of 1978 whereas C. C. C. A. No. 40 of 1983 arises out of O. S. No. 53 of 1981. In both the cases, the appellant is common. The two suits are between the close relatives and almost between the same parties. It may be necessary to note the admitted relationship between them. One Safdar Hussain, Meharunnisa Begum @ Bismilla Bai and badrunnisa Begum @ Badar Bai and Khamarunnisa are the uterine brother and sisters of one Bibijohn. Khamarunnisa and Badrunnisa, the two sisters died issueless without leaving any surviving husband behind them. Meharunnisa died in the year 1967 at Ujjain whereas Badrunnisa Begum died on 30-8-1978 in the Osmania General Hospital Hyderabad. Nayyar Bai and fazal Hussain @ Afsar Hussain are the children of Meherunnisa. Ghouse mohiuddin is the son of Khammar Bai. The reference to the parties by name instead of their status in the trial Court would be more convenient having d
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