GRIMWOOD MEARS, PRAMADA CHARAN BANERJI
Mubarak Fatima – Appellant
Versus
Muhammad Quli Khan – Respondent
JUDGMENT
Pramada Charan Banerji, J. - The suit which has given rise to this appeal was brought by the plaintiff appellant in the Revenue Court for her recorded share of profits for the years 1320, 1321 and 1322 Fasli. Property comprising 7 biswas and odd belonged to one Rahim-un-nissa Bibi. She had three sons, two of whom pre. deceased her. The plaintiff is the daughter of one of the pre. deceased sons. The defendant is the son of a third son who survived her. In the revenue papers the name of the plaintiff was entered in respect of a 3 biswas and odd share, i.e., one half of the 7 biswas and odd which belonged to Rahim-un-nissa. The plaintiff applied for partition of her recorded share in the Revenue Court. Her application was resisted by the defendant, who alleged that she owned no share in the property, her father having predeceased Rahim-un-nissa. He was referred by the ' Revenue Court to the Civil Court under the provisions of Section 111 of the Land Revenue Act. Thereupon he brought a suit in the Civil Court for a declaration that the present plaintiff had no interest in the property in question. This suit was tried by the Civil Court, and it was finally decided that what Rahi
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