One, Habeebulla Hussaini died on the 7th February, 1967. At the time of his death he was the owner of a house and some moveable property. The appellant herein filed the suit O.S.461/69 on the file of the V Additional Judge, City, Civil Court, Hyderabad for recovery of possession of the house and moveable property claiming that he was the brother of the deceased Habeebulla Hussaini and is his sole heir. In the plaint it was stated that defendants 1 and 2 were claiming the properties on the ground that defendant 1 was the wife and defendant 2 is the son of the deceased The plaintiff contended that the first defendant was only a maid-servant of Habeebulla Hussaini and was living in the same house. She was not the legally wedded wife of Habeebulla Hussaini, nor is the second defendant his son.

2. The second defendant filed a written statement contending that though the first defendant was a Hindu Harijan she was converted into Islam and took the name Hussain Bee and married Habeebulla Hussaini. The second defendant was the son born out of lawful wedlock of the first defendant with the deceased. . . . . . . . Hence they were the heirs entitled to the property and in their pre