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GRIMWOOD MEARS, PIGGOTT
Qudrat-Un-Nissa Bibi – Appellant
Versus
Abdur Rashid – Respondent
JUDGMENT
Grimwood Mears, Kt., C.J. and Piggott, J. - This is an appeal under the Letters Patent in a case in which two learned Judges of this Court have differed on a question of law raised before them in a second appeal. As might be expected, the question is one of some delicacy, but in its essence it is simple enough. The facts are as follows:
One Musammat Ashraf-un-nissa died on the 28th of January, 1914. Her heirs, under the Muhammadan law, were her husband Abdul Rashid, her sister Qudrat-un-nissa and a daughter Kaniz Fatma, at that time a minor.
2. On the 10th of November, 1914, Musammat Qudrat-un-nissa filed a suit in which she impleaded Abdul Rashid and Kaniz Fatma as defendants. The suit was one for recovery of possession of the one-fourth share in certain specified zamindari property which had come to the plaintiff by inheritance on the death of her sister. The allegation made in the plaint was that the defendant Abdul Rashid had improperly taken possession of the whole of the zamindari property of the deceased, and that he was purporting to do this in the name and in the interests of his minor daughter Kaniz Fatma. This last allegation was supported by the fact that mutation
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