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1971 Supreme(All) 159

S.N.DWIVEDI, R.L.GULATI
Kulsumun-nisa – Appellant
Versus
Ahmadi Begum – Respondent


Advocates:
K.C. Saxena and R.B. Misra, for Appellant; Mohd. Moonis and Gajadhar Prasad Bhargava, for Respondents.

Judgement

DWIVEDI, J. :- This appeal is filed by Smt. Kulsumun-nisa. She was the contesting defendant in the suit. The suit was instituted by Smt. Ahmadi Begum. During the pendency of the appeal she died, and her legal representatives are on record. They are Mohammad Farooq, her son, and Smt. Mahmooda and Smt. Zubaida, her dauthers. The appellant also is now dead, and certain persons have been substituted in her place as her legal representatives.

2. The suit was for partition of her 1/10th share in the plaint properties. It was instituted in 1945. The plaint properties included zamindari, buildings and moveables.

3. We give a short pedigree for the purposes of the case. It is admitted by the parties.


Smt. Ahmadi Begum was the half sister of Smt. Ajaib-un-nissa from her father; Fazal Haq and Reazul Haq were her half brothers from her father. They were arrayed as defendants in the suit. They have also claimed partition of their shares in the plaint properties. Smt Kulsumun-nissa is her daughter.

4. The plaint properties belonged to Smt. Ajaibun-nissa. She died on October 24, 1944. Smt. Ahmadi Begum claimed 1/10th share in her properties as her half-sister. Smt. Kulsumun-nissa contested h





































































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