JUDGEMENT :- This is a plaintiff's 2nd appeal whose suit for declaration to the effect that she and defendants. Nos. 7 and 8 (respondents nos. 7 and 8) were the owners in possession of the suit property and that the other defendants had no title or interest therein stands dismissed in the first appeal by the District Judge of Barabanki, it having been decreed by the Munsif of Barabanki in whose court it was instituted.

2. Smt. Israr Fatima, the plaintiff-appellant, is related to defendants-respondents nos. 7 to 9 as would appear from the following pedigree the property belonged to

Her case was that the property belonged to Ziaul Husain and Shifaul Husain the two brothers, and even though the plaintiff was the daughter of Ziaul Husain, Shifaul Husain treated her as her daughter and gifted his half share in his property to her, he thus became owner of the property to the extent of one-half share belonging to Shifaul Husain and 1/7th of the one-half belonging to Ziaul Husain, her total share being 4/7.

3. Wajahat Husain migrated to Pakistan in the year 1947. There was a notification in the National Herald in April 1956 to the effect that the house of Wajahat Husain in Zaidpur was to be a

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