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1869 Supreme(Cal) 342

Mussamut Amiran – Appellant
Versus
Mussamut Asihun – Respondent


JUDGMENT

Glover, J. - This was a suit by the widow of Kadir Ali to have an adjudication as to her right of inheritance in her deceased husband's estate to the extent of 18 out of 96 sehans, into which the property of the deceased is stated to have bean divided according to the rules of Mahommedan law. There were two sets of defendants, the two other widows of the deceased Kadir Ali and his sons and other near relatives. The plaintiff further sued to have two deeds of bai-mukasas, or gifts in lieu of dower, held by the defendants Nos. 1 and 2 set aside on the ground that they were collusive and interfered with her getting possession of her share of the property. The widows were the only parties who defended the suit, the other relatives of Kadir Ali supported the plaintiff's case; these widows stood upon their deeds of bai-mukasas, and alleged that they had been in possession of the property covered by them from the dates of the deeds, and that the plaintiff had no right to dispossess them. The Court of first instance took up the issue of misjoinder and on that issue the Principal Sudder Ameen decided for the plaintiff, and then on the merits gave the plaintiff a decree for all that

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