JUDGMENT

1. The order which we are called upon to revise in the present rule was male by the Subordinate Judge of Patna under sec. 59 of the Bengal Land Registration Act of 1876 The circumstances under which the order in question was made are not in controversy before this Court and may be briefly outlined. One Nawab Sabdar Hossain Khan, a wealthy zemindar of Husnabad, in the District of Monghyr, died on the 7th August 1905. He left considerable landed properties in the Districts of Monghyr, Gya and Patna. The Petitioner who alleges that she was the daughter of the maternal uncle of Sabdar Hossain was married to him and the parties lived as husband and wife till the death of the former. Upon the death of her husband she took possession of his estates, the bulk of which was situated in the Districts of Monghyr and Gya. On the 15th November 1905, the present opposite party, Mussammat Kulsum, who claims to be the sister of the father of Sabdar Hossain, applied for registration of her name in the Collector-ate in respect of the properties situated in the District of Patna upon the allegation that as Sabdar Hossain was governed by the Shia law, the Petitioner, his childless widow, was no