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1958 Supreme(AP) 56

MOHAMMED AHMED ANSARI, JAGANMOHAN REDDY
Shaik Mastan Bi – Appellant
Versus
Shaik Bikari Sahab – Respondent


Advocates:
M.S. Ramchandra Rao and M. Krishna Rao for Appellants; Advocate General (D. Narasaraju) and Y. Suryanarayana for Respondents.

Judgement

M. A. ANSARI, J. : -

This appeal arises from a decree of the Subordinate Judge. Guntur, whereby the appellants suit for the establishment of their rights to possession of the plaint schedule properties has been dismissed, but without costs. The following pedigree would show the relation between the first appellant since deceased and the respondents :

2. Syed Hussain Saheb had apparently belonged to the Hanafi Sect of Sunni Mohammedans and is stated to have owned the properties in dispute. Merra Bi one of the two daughters had died before her father and Bikari Saheb, her son, would not therefore be entitled to any share in his grand-fathers properties. Syed Hussains heirs would be his two surviving children and the sons share in whatever properties he left would be twice to what the daughter would get.

After the fathers death, the heirs had not divided the inheritance, which had remained with the brother. In 1947 certain arrangement took place between the brother and the sister. By Ex. A-1 which was executed by the brother and is dated July 9, 1947 Mastan Bi was given Acs. 8-57 cents of land in Nandigama. The document recites that about 8 months prior to its execution Masta








































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