Under Mahomedan Law, a widow of a pre-deceased heir is excluded from claiming a share in the property left by the deceased.

( 1 ) THIS appeal is directed against the Judgment and Decree passed in O. S. No. 46/1990 on the file of the additional Civil Judge, Shimoga. The 3rd defendant is the appellant. Plaintiff-respondent filed a plaint and it was stated in the plaint that the plaintiff-defendant Nos. 1 and 2 and the husband of defendants 3 and 4 were the children of Chotima w/o. Buden Sab. Chotima died on 30-12-1986. Abdul Samad s/o. Chotima predeceased his mother. He died on 7-4-1985 in an accident. He left behind defendants 3 and 4 and their children. Defendants 3 and 4 are the two wives of deceased Abdul Samad. They claim compensation and a sum of Rs. 30. 000/- was awarded to the defendants 3 and 4. According to the plaint averments, defendants 3 and 4 have no right, title or interest in the properties left by the mother of the plaintiff and defendants 1 and 2. The plaintiffs husband has contributed a lot to Smt. Chotima and given cash amount also for purchasing the Municipal site in her name. Deceased chotima had two Municipal sites bearing nos. 414 and 310 and the houses have been constructed by the plaintiff and her husband at their own cost in order to uplift the widow and to maintain her minor children. They have performed the marriages of the defendants 1, 2 and 4 at their own costs. Defendants 1 and 2 were residing in the site No. 414 and the 3rd defendant has continued to live in the tenament on site No. 310. The plaintiff got 1/3rd share in all the suit properties. She sought for the same and in the absence of any response, she filed the present suit.

( 2 ) THE first defendant filed her written statement. She admitted the relationship between the parties. According to her. the suit schedule properties were self acquired properties of Smt. Chotima and she purchased it out of regular income from doing dhobi work. She was also giving nati medicines and earned lot of money. She purchased the site for a valuable consideration and before getting the sale certificate, she died.

( 3 ) THE 2nd defendant filed a separate written statement admitting the relationship. She also stated that the deceased Smt. Chotima was doing dhobi work and she earned lot of money. She has virtually reiterated what the first defendant has stated in her statement. The 3rd defendant filed a separate statement. She admits that her husband was a converted Muslim. Smt. Chotima and her son Abdul Samad, the husband of the defendant purchased the Municipal sites and constructed the schedule houses thereon. The plaintiff was always quarrelling with her mother and her brother to extract money. There was an oral partition during the lifetime of Abdul Samad. Her husband was a Guzzari merchant and he purchased the sites and constructed the houses in the name of his mother as she was the eldest member in the family. The 4th defendant was given cash in lieu of her share and she is residing separately. Smt. Chotima had Willed away the property orally to the son of the 3rd defendant during her lifetime. The defendants 1 and 2 have no manner of right, title or interest in the properties.

( 4 ) LEARNED trial Judge framed 9 issues. He has answered the same in para 7 of the judgment. 4 witnesses were examined for plaintiff in addition to the production of 13 documents in support of the plaint. 3 witnesses were examined on behalf of the defendant and 22 documents were filed on behalf of the defendant. The learned trial Judge ultimately has passed the following order :"the plaintiff is entitled for l/3rd share in the suit 'a' and 'b' Schedule properties. The defendants 1 and 2 are also entitled each 1/3rd share in the suit 'a' and 'b' schedule properties. The defendants 1 and 2 are also entitled for 1/3rd share in site no. 413 and 1/3rd share in the sale proceeds of site No. 75 i. e. , in a sum of rs. 28,000/- and in the amount of rs. 1,535/- which was deposited by Smt. Chotima in the Urban Co-operative Society and withdrawn by the plaintiff. The defendants 3 and 4 have no