JUDGMENT

Muhammad Rafiq and Lindsay, JJ. - The following pedigree will explain the right under which the parties to the appeal are disputing:

                                SHAIKH SHAMSHER ALI                   _____________________|_____________________                  |                                           |          Shaikh Amin-ud-din=                         Shaikh Kazim Ali.          Khair-un-niss Bibi.                                 |                  |                                  Shaikh Muin-ud-din=          Barkat-un-nissa=                              Mainu Bibi,        Maulvi Maslah-ud-din                          defendant No. 1.                Ahmad.                  |______________________        _________________________________|_______________________________________       |                |                |             |           |             |   Chaudhri          Chaudhri         Chaudhri      Ummahani    Muhid-un-    Muiz-un-  Wasi Ahmad,      Wakil Ahmad,     Zubair Ahmad,     Bibi,     nissa Bibi=  nisa Bibi=Plaintiff No. 1.  Plaintiff No. 2  Plintiff No. 3.  Mir Riyait   Sheikh        Hakim                                                     Husain.    Muhammad       Ahmad                                                                 Fakhir        Hasan.                                                                Defendant                                                                  No. 7.                                              _____________________|                      _______________________|_______________________                     |                                               |           Shaikh Muhammad Nazir,                          Shaikh Muhammad Shakir,             Defendant No. 8                                  Defendant No. 9

2. Muin-ud-din died on the 6th of May, 1890, possessed of immovable property the inheritance to which is in dispute in the present case. He died leaving him surviving his widow, Musammat Maina, and his cousin, Musammat Barkat-un-nissa. Musammat Maina entered into possession of the entire estate and professed to remain in possession in lieu of her unsatisfied claim for dower. Musammat Barkat-un-nissa died on the 27th of June, 1892, and her husband Maslah-ud-din died on the 17th of August, 1897. Her mother, Musammat Khair-un-nissa, died on the 22nd of December, 1898. We refer to the husband and the mother of Musammat Barkat-un-nissa as under the Muhammadan law they and her children would be her heirs on her death. After her death and that of her mother and husband her sons became entitled to 72 sihams and her three daughters to 36 sihams in the estate of Muin-ud-din. Musammat Maina, the widow, was entitled to the remaining 36 sihams. On the 13th of May, 1899, two of her daughters, namely, Musammats Ummahani Bibi and Muiz-un-nissa Bibi, instituted a suit for the recovery of their share in the inheritance, namely, 24 sihams, impleading Musammat Maina and the other descendants of Musammat Barkat-un-nissa, as defendants in the case. One of the pleas on behalf of Musammat Maina was that at the time of the death of Muin-ud-din, his aunt and his step-aunt were alive, and Barkat-un-nissa was not an heir under the Muhammadan law to Muin-ud-din. She further pleaded that her dower-debt was Rs. 51,000 and in lieu of it Muin-ud-din before his death had gifted the immovable property to her. The pleas in defence were disallowed. The court held that Musammat Barkat-un-nissa was an heir of Muin-ud-din; that the dower debt of Musammat Maina was Rs. 51,000, and that no gift had been made by Muin-ud-din of the property in question in lieu of dower. The claim of the two ladies was decreed for the recovery of 24 sihams on the payment of Rs. 3,943-12-10, the proportionate amount of dower payable by them. The money was paid and the two ladies recovered possession of their share.

3. On the 25th of April, 1902, the three sons of Barkat-un-nissa and her third daughter, M