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1950 Supreme(All) 346

GHULAM HUSAIN, KIDWAI
Ulfat – Appellant
Versus
Zubaida Khatoon – Respondent


Advocates:
I.A. Abassi and Jagdish Narain, for Appellants; Brij Bahadur and Akramuddin Ahmad, for Respondents.

Judgement

KIDWAI J.:- The following pedigree will help to elucidate the facts of the case:

2. Zubeda and Fahmida, mentioned in the above pedigree, instituted the suit out of which this appeal arises against the appellants for the following reliefs: (1) A decree against all the defendants for the partition of a ten annas share in the property left by Zahiruddin which, the plaintiffs alleged, was the entire property entered in list A attached to the plaint and which was in the possession of Ulfat and Mohmudan though a small portion of it - the goods in the tailors shop - was in possession of Ali Mohammad. (2) A decree for dower amounting to Rs.250/- against defendants 1 and 2; and (3) A decree against defendant No.1 for the recovery of the jewelry mentioned in list B attached to the plaint which was alleged to belong to the plaintiff No.1 and was said to have been entrusted by her to defendant No.1.

3. All the defendants filed a joint written statement. They alleged: (1) That none of the property mentioned in list A was the property of Zahiruddin; (2) That plaintiff No.1 remitted her dower and cannot now claim it; (3) That plaintiff No.1 did not leave any jewelry with defendant No.1; (4




















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