JUDGMENT

Bennet, J. - This is a Letters Patent appeal brought by the plaintiff whose suit was decreed in full by both the lower Courts, but on appeal by a defendant, the learned Judge of this Court dismissed the suit of the plaintiff in regard to half an occupancy holding. The pedigree in this case is as follows:

                   Imam        _____________|______________        |                         |Mt. Rasulan (Pltff.)        Abdul Rahman =    daughter                         Mt. Mirian (widow)      _____________________________      |              |            |  Abdul Aziz   Mt. Nasira    Mt. Khalila

2. Imam was the owner of an occupancy holding and he died before Act 2 of 1901. He was succeeded by his daughter Mt. Rasulan the present plaintiff and his son Abdul Rahman. Although according to Mahomedan Law Abdul Rahman would have bean entitled to a two-thirds share, the entry of the occupancy holding was made for Mt. Rasulan and Abdul Rahman in equal shares. Abdul Rahman died about nine or ten years before the suit and he was succeeded by his son Abdul Aziz who died without issue in 1916. On the death of Abdul Aziz, the name of his mother Mt. Mirian, the widow of Abdul Rahman