JUDGMENT

Rafique, J. - The parties to this appeal are brother and sister and the dispute between them relates to their ancestral house. It appears that their father Raza Husain, who was the proprietor of the house, died long ago leaving him surviving two sons, a daughter and a widow. One of the sons, namely, Ahmad Hasan executed a deed of sale in favour of his sister Musammat Masiti, the plaintiff-appellant in the present case, in respect of his share in the ancestral house. Musammat Majidan, the mother of the parties, died some time ago, and Musammat Masiti inherited one siham out of the five sihams from her mother. Ahmad Hasan who had inherited two sihams from his mother died after her and 1/3rd siham went to the plaintiff-appellant. In this way the latter obtained 22 1/3 sihams out of 40 sihams in the house. She instituted the suit out of which this appeal has arisen in the Court of the Munsif of Saharanpur on the 16th of December 1911, for a declaration that she was entitled to 22 1/3 sihams out of 40 sihams in the house in suit and for possession of her share of 22 1/3 sihams by partition of the house. The claim was brought against her brother Saiyed Haidar Husain, the only oth