JUDGMENT

Lindsay and Kanhaiya Lal, JJ. - The facts of this case are as follows. One Musammat Aisha died on the 26th of January, 1907, leaving certain zamindari property.

2. This lady had a husband and three brothers, and on her death the property she left was recorded in specified shares in the names of these persons. The husband took three sihams and the brothers one siham each.

3. One of the brothers was Abdul Hakim, who disappeared in the year 1905 and who was still missing at the time of his sister's death. Another brother is the plaintiff in the present suit, i.e., Hafiz Abdul Wahid.

4. It is admitted that nothing has been heard of Abdul Hakim since this disappearance in 1905. The defendants in the suit are his daughter and wife. In 1916 the defendants applied to the Revenue Courts asking for mutation in their favour, on the ground that owing to the lapse of more than seven years from the date of Abdul Hakim's disappearance there was a legal presumption that he was dead.

5. The wife and daughter, in spite of the opposition of Abdul Wahid, got mutation made in their favour in respect of the shares to which they would be entitled as heirs of Abdul Hakim under the Muhammadan law. Ther