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1933 Supreme(All) 312

NIAMATULLAH, RACHHPAL SINGH
Hasina Begam, Musammat – Appellant
Versus
Abdul Hafiz – Respondent


Advocates appeared:
A.M. Khwaja, For the Appellant / B. Malik, For the Respondent

JUDGMENT

Niamatullah and Rachhpal Singh, JJ. - The order in this case (First Appeal from Order No. 137 of 1932) will also govern and dispose of Civil Revisions Nos. 499, 500, 501, and 504 of 1932 of this Court.

2. In order to understand these cases it is necessary to state a few facts. One Shaukat Ali left four sons, Abdul Hafiz, Abdul Jalil, Abdul Shakur, Abdul Jamil and one daughter Mst. Homera Bibi. He owned shares in several villages in Shahjahanpur and Pilibhit districts. Abdul Jamil, one of the sons of Shaukat Ali, died on 17th March, 1927, leaving his widow Mst. Hisina Begam, one son and five daughters After the death of Abdul Jamil, his three brothers and sister instituted four suits for profits in Rent Court against his heirs (Mst. Hasina Begam and Ors.). Two of these suits related to villages in which Abdul Jamil was a lambardar and they were institutes u/s 226 of the Agra Tenancy Act, while the other two related to villages in which he was only a co-sharer and they were instituted u/s 227 of the aforesaid Act. One of the pleas taken in defence by the heirs of Abdul Jamil was that there was a settlement between the sons and daughter of Shaukat Ali to the effect that the inc

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