JUDGMENT :

This is a second appeal by the original defendant no. 1 who is aggrieved by the concurrent findings of the courts below.

2. Respondents nos. 1 and 2 who died during pendency of the appeal before the lower appellate court were the original plaintiffs nos. 1 and 2 and the respondent no. 3 who was the plaintiff no. 3. They claimed separation of their shares in the properties left behind by their common ancestor - Gulam Sarvar who was husband of the respondent no. 1 and father of the respondents no. 2, 3, appellant and respondent no. 9 who was the original defendant no. 2.

3. Shortly stated the facts leading to the filing of this second appeal, are to following effect :

(a) Gulam Sarvar, Mohammed Sharif and Mohammed Khaja were the three brothers belonging to Sunni Muslim Community and governed by Hanafi law. Mohammed Sharif and Mohammed Khaja died 5 years and 30 years prior to the suit which was filed in 2008 leaving behind no other immediate heirs. Averring that all the suit properties were acquired and left behind by Gulam Sarvar alone, his widow Niyamatbi (PW1), daughter – Nasima Begum and son Gulam Sattar filed the suit against his other two sons Gulam Magdum – appellant and