JUDGMENT

Malik, J. - This appeal has been connected in this Court with First Appeal No. 33 of 1940 Rafiqa Begam and Another Vs. Aisha Begam, AIR 1945 All 363 in which we have delivered judgment to-day. Suit No. 20 of 1937 out of which the pre-sent second appeal has arisen was filed on 24th July 1937 for cancellation of a mortgage, dated 1st September 1932 for Rs. 3000 executed by the plaintiff in favour of her mother. Plaintiff further claimed a declaration that she was the owner of the entire 18 sihams as the heir to her sister Halimatun Nissa who had died in the year 1928, on the ground that Noor Uddin Ahmad was an illegitimate son of Kundan Jan, defendant 1, and was not the son of Naqi Uddin Ahmad, the father of the plaintiff. It was further pleaded that as Mt. Kundan Jan had been re-converted and had become a Hindu she was also not entitled to inherit any share in the property left by her daughter Halimatun Nissa. The defendant's contention was that when Halimatun Nissa died the plaintiff, her sister, and Noor Uddin her brother, and Mt. Rafiqa Begum alias Kundan Jan her mother were her heirs, and the plaintiff's share was only five sihams but as the other two heirs had sold to