BHARGAVA, J.—This is an appeal from the judgment and decree dated 10th December, 1958, of the District Judge, Kota.

2. Rahim Bux and Mohammed Subhan originally instituted the suit for partition of immovable properties mentioned in para 4(1), (2) and (3) in the plaint situated in the city of Kota. Mohammed Subhans name was subsequently removed from the array of plaintiffs and the suit continued at the instance of Rahim Bux alone. During the pendency of this appeal, Rahimbux died and Mohammed Subhan was substituted as his legal representative vide order of this Court dated 21st January, 1965. Plaintiffs case is that his ancestor Ibrahim had seven sons and the suit properties were acquired by them with their joint earnings. It is alleged that the parties were subsequently converted to Muslim religion, but a custom still prevails among them that a female does not get any share in the property of the deceased. It is alleged that Yasin one of the sons of Ibrahim died issueless, Gulab Mohammed died issueless and Ilias and Gendaji died without leaving any male issue. Plaintiff, therefore, claimed half share in the entire property. Defendants were alleged to have the remaining half share in

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