ALLAHABAD HIGH COURT
NIAMATULLAH, J.
Shukrulla & Ors. - Appellants
Versus
Mt. Zuhra Bibi & Ors. - Respondents
Decided On : 26-05-1932
JUDGMENT
Niamatullah, J. - This is an appeal by defendants 1 to 3 and 10 from the decree passed by the Additional Subordinate Judge of Gorakhpur, in a suit for joint possession of a large number of immovable properties, including three mills, all detailed in Schedule A annexed to the plaint, and for a declaration of their right to a share in the sums due from third persons under a number of bonds, detailed in Schedule O, together with mesne profits. The share of the plaintiffs in all the properties in dispute is alleged to be 16 out of 72 "sihams," that is two-ninths belonging to the first three plaintiffs, who have assigned half of their rights to the other three plaintiffs. The contesting respondents are five of the original plaintiffs and the legal representatives of the assignee plaintiff, Maqsud Ali, who died during the pendency of this appeal and is now represented by his heirs. Other defendants, who do not appeal, have been impleaded as pro forma respondents. The following pedigree will explain the position of the first three plaintiffs and the defendants, including the appellants, and will also elucidate the nature of the. plaintiffs' claim:
Hiugan (died about 50 years ago.) | --------------------------------------------- | | | Muharram (died Dihu Dihu (died 1900) (Shukrullah (died 1900.) | (defendant 1.) | ------------ | -------------------------------------------- | Abdul Majid | | | | | (defendant 10. Mt. Salima Hasan (died Moori Main Wazir (died in | deft. 7. in 1902 about (died on 1902=Mt. Rasulan | | 15 days before 29-12-21) Bibi. | | Wazir.) | | | Mt. Halim=Quram Ali | | | (died in |(husband) --------------- | | 1922.) | deft. 8 | | | | | Mt. Palta Rahmat | | Mt. Nabooat (wife) (wife) | | (Daughter, deft.9) dead deft. 6 | | | | | | | | | | ---------------------- | | | | | | | | Islam Mt. Tagma | | | (died in deft. 3 | | | 1914) | | | --------------------------------- | | | | | | | Mt. Khatoon Mt. Azimunisa Abdul Hasant | | deft. 5. deft. 4 (died in 1916.) | | | | | | --------------------------------- | | | | ------------------------------------------- | | | | | | Mt. Jumman Janti Mt. Jhunya Ismail (died | alias Munti | | in 1907=Mt. Zohara |
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