Judgment. - The property in suit originally belonged to one Meher Ali Tarafdar. Before his death he had executed a will on 15-10-1911. Although Meherali died in November following, probate was not obtained by his widow, Gour Bibi until 27-6-1935. By the will Meherali purported to create a life interest in favour of his widow Gour Bibi and after the determination of that life estate the property was to descend to all his legal heirs under the Mahomedan law. After having obtained probate Gour Bibi as executrix obtained permission from the Probate Court for sale of one of the properties which had been bequeathed by Meher Ali. After having obtained permission, Gour Bibi sold this particular plot to Wahed Hossain. The interest of Wahed Hossain was sold on 15-5-1940, in execution of a money decree obtained against him. The plaintiff Omar Ali was the purchaser and it is stated that he had obtained possession on 25-6-1941, through Court but as he could not get actual possession the present suit was started in March 1944, for declaration of title and for delivery of possession.

2. Meher Ali had three sons and one daughter. Defendants 1 to 5 are the heirs of Belat Ali, one of the sons of Mehe

Click Here to Read the rest of this document