JUDGMENT

Piggott, J. - The plaintiff in this case claims certain Immovable property as heir to her father and to her mother. For a reason which is sufficiently obvious the plaint is carefully silent on the question of the actual division of inheritance upon the father's death. But the case for the plaintiff may be put as follows : Her father, Sheikh Najibuddin, died leaving him surviving a daughter, a widow and a brother. The brother took possession of a 6/16ths share of the estate and has continued in possession since. The mother died shortly afterwards and her surviving heirs were her daughter (the plaintiff) and her father, who is the defendant in the present suit. What actually followed upon the widow's death was that the plaintiff and the defendant each obtained possession of one half of the estate of Najibuddin after excluding the 6/16ths share in the possession of his surviving brother, that is to say, they took possession of 5/16ths of the estate each. Now the plaintiff's case is that, when her father died, the devolution of the estate according to the rules of Muhammadan Law was 6/16ths to the brother, 2/16ths to the widow and 8/16ths to the plaintiff, the daughter of the d