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1962 Supreme(Pat) 78

H.MAHAPATRA, TARKESHWAR NATH
Bibi Aziman – Appellant
Versus
Saleha – Respondent


Judgment

Tarkeshwar Nath, J.

1. This appeal by the plaintiffs arises out of a suit for declaration that they had l/3rd share (5 annas 4 Pies) in lands measuring 1.504 acres which at one time belonged to their father. They made a further prayer for being put in possession after dispossessing defendant No, 1. A short genealogy will indicate the relationship of the parties. Maulvi Mazhar Hussain alias Chamari and Nazir. Hussain were two brothers: Mazhar Hussain had two sons, viz., Hafiz Zafar Hussain and Dr. Aminuddin Ahmad (Defendant 7) besides two daughters, Mosammat Aziman and Mosammat Shakuran (Pltffs. 1 and 2). Defendants 2 and 3 are the sons of Hazif Zafar Hussain, defendant 4 is the widow and defendants 5 and 6 are his daughters. In the other branch, Nazir Hussain left a son Ahmad Zahirul Haque whose widow Mostt. saieha is defendant 1 in this action. Defendants 8 to 12 intervened in the suit as being transferees from defdt. 1. Plaintiffs case was that the land in suit belonged exclusively to Maulvi Mazhar Hussain and he was recorded In the record-of-rights. After his death, the plaintiff, Hatiz Zafar Hussain and defendant 7 came in possession of those lands as absolute owners. D




















































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