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1910 Supreme(Cal) 568

Jabedanessa Bibi – Appellant
Versus
Nazibal Islam Molla – Respondent


JUDGMENT

1. The events antecedent to the litigation that have led up to this appeal, may be shortly stated: one Moniruddin, died leaving a widow named Subjan, a minor son named Najibal Islam and five daughters one of whom is the present Plaintiff. In accordance with the rules of inheritance in Mahomedan Hanafia Law, the share of each of the heirs of Moniruddin would be as follows :-2 annas for the widow, 4 annas for the minor son and 2 annas for each of the five daughters. The Plaintiff, as one of the daughter of Moniruddin, claims 2 annas share as her inheritance from her father and also small fractions of shares that she says she inherited from two of her sisters. The suit is for a declaration of her title to the properties mentioned in the plaint which the Defendant, Najibal Islam, claimed to have acquired by gift from the Plaintiff and her two deceased sisters in 1896. The Plaintiff alleges that the gift set up by her brother, Najibal Islam, never took place and that if it did take place, it was invalid. The original Court held that the gift did take place and that it was valid. On appeal to the District Judge by the Plaintiff, this judgment was upheld. The Plaintiff now appeals

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