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1932 Supreme(All) 300

NIAMATULLAH
M. Amir Hasan Khan – Appellant
Versus
H. Mohammad Nazir Hasan – Respondent


JUDGMENT

Niamatullah, J. - This second appeal has arisen out of a suit brought by the plaintiff-respondent for recovery of possession of a 6 anna share in village Bahrampur, District Fatehpur. The Subordinate Judge, in whose Court the suit had been instituted, dismissed it; but on appeal by the plaintiff it was decreed by the District Judge.

2. Village Bahrampur above mentioned belonged to Saghir Hasan, husband of Kulsum Bibi, defendant 2, and Munshi Amir Hasan Khan, a vakil practising in Fatehpur in equal shares. The two do not appear to belong to the same family, and the fact that they were cosharers may be due to circumstances which are not material for the purposes of this case. Saghir Husain died in or about 1920, leaving his brother Nazir Husain, plaintiff-respondent, and Mb. Kulsum Bibi, defendant 2, as his heirs, the latter being entitled to one-fourth of Saghir Husain's property, and the former to the remaining three-fourths. The widow however entered into possession of the entire 8 anna share belonging to her husband, and obtained mutation of names, as owner to the extent of 2 annas (one-fourth), and in lieu of dower to the extent of 6 annas (three-fourths). The plaintiff c

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