JUDGMENT

Piggott and Walsh, JJ. - The suit out of which this appeal - arises is based upon the following state of facts, There was a lady named Naushani Begam, who died as long ago as the 24th of November, 1900. On the findings now before us we must take it that she left two heirs to her estate under the Muhammadan law: one was her husband, Ahmad Husain, and the other was a distant cousin named Abdul Wahid Khan. The pedigree filed with the plaint, the accuracy of which may be taken as established, shows that Abdul Wahid Khan was the son's son of one Ali Muhammad Khan, and that Naushani Begam was the son's daughter of another son of the said Ali Muhammad Khan. The relationship was thus a distant one, and this alone might account for the fact that Abdul Wahid Khan did not find it easy to enforce his claim to a share in the estate of the deceased lady. It further appears from this record that the legitimacy of Abdul Wahid Khan was contested by other members of the family. So far as the record before us goes, we must take it that in the present litigation Abdul Wahid Khan's legitimacy is established; but it is a point of importance in the history of the case that Abdul Wahid Khan's leg