JUDGMENT

Malik, J. - This is a defendant's appeal. The plaintiff has filed a cross-objection. There is a Second Appeal NO. 507 of 1940 connected with it which we shall dispose of by a separate judgment. The plaintiff is the daughter of defendant l, Rafiqa Begam alias Kundan Jan, who is the widow of Mohammad Naqiuddin Ahmad Khan to whom she was married in the last decade of this nineteenth century the date of the marriage, however, is one of the matters in dispute between the parties. Naqiuddin Ahmad died on 17fch November 1924. The plaintiff is one of the children of this marriage. Plaintiff's case was that Kundan, Jan who was a Naik by caste was a prostitute before her marriage to her father Naqiuddin Ahmad. That at the time of her marriage she changed her religion and was known as Rafiqa Begam that after Naqiuddin Ahmad's death Mt. Rafiqa Begam alias Kundan Jan went back to her previous profession of a prostitute, was reconverted and began to live with her relations who are defendants 3 to 8. Defendant 2 Dalip Singh alias Nuruddin Ahmad, was the son of Mt. Kundan Jan alias Rafiqa Begam. Plaintiff's case was that this Dalip Singh was born previous to the nikah between her father and her mother and he was therefore illegitimate. The plaintiff was married to one Shaukat Ali who died on 2lst May 1924. There were two daughters born to the plaintiff of this marriage, one was Hasina and the other was Saida. After the death of Shaukat Ali the plaintiff with her two daughters came to the house of Naqiuddin and started living in his house. On his death, on 17th November 1924, the plaintiff with her two daughters continued to live in the same house with Kundan Jan. According to the plaintiff when her daughters grew up Mt. Kundan Jan wanted that these young girls should also be brought up in her own profession of prostitution, while the plaintiff wanted that they should be true Muslims and should be married in respectable families. There was a dispute on account of this and the elder daughter Hasina sided with her grandmother though the younger Saida was with the plaintiff and on 4th August 1935 the plaintiff and Saida were beaten and turned out of the house. Plaintiff's claim is for the recovery of certain moveable properties, valued in all at Rs. 14,707-14-0 on the ground that the properties belonged to her and she wanted that the defendants should be directed either to return to the plaintiff the ornaments and goods, etc., mentioned in list (A) or pay the price thereof which the plaintiff fixed at the figure mentioned above. The plaintiff also claimed possession of the property in mauza Aniari, mahal Surkh and a grove given in list (B) on the ground that the defendant had by fraud got from her a sale deed of the said property on 28th June 1931. The plaintiff alleged that she was not bound by the sale deed and was entitled to possession of the property and a sum of Rs. 900 as mesne profits prior to the date of the suit. The plaint was later amended by an order dated 4th February 1939 and a further relief that the defendants should be directed to hand over to the plaintiff certain papers and documents, etc., detailed in list (C) of the plaint was added. It was alleged that plaintiff's signature had been taken on certain blank papers which were included in list (c).

2. The plaint was filed on 27th July 1938 and along with the plaint the plaintiff filed an application for appointment of a Commissioner. The reason given in the application for the appointment of the Commissioner was that the plaintiff's ornaments, articles and cash were in the unlawful possession of the defendants and if the defendants came to know of the suit, then they might remove the same. It was, therefore, prayed that a Commissioner be appointed for the purpose of preparing an inventory. On the same date the learned Civil Judge of Moradabad appointed a Commissioner who was to make an inventory of the property and goods and put them in charge of a respectable person in