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1925 Supreme(Nagpur) 40

HALLIFAX, KOTVAL
KUTUBULDIN – Appellant
Versus
GULAM RABBANI – Respondent


Advocates Appeared:
D T Mangalmoorti, Fida Hussain, G G Hatvalne, G S Subhedar, M Y Shareef, N G Bose, S A Tayabji, Advocates

JUDGMENT

Hallifax—This judgment will govern the seven appeals arising out of four suits, one filed in 1909, two in 1914 and the last in 1916, all by various members of a Qazi family holding extensive inam and some other property in Berar, against the senior member of the senior branch of the family, to obtain partition of the shares they claim as belonging to them in that property.

2. The numbers of all the suits are tabulated in the paragraph next following. (The judgment then described the numbers of suits and appeals and relation ship between the parties inter se.) It is perhaps even more difficult now than it was in 1915 to get hold of the facts of the case and the matters requiring decision in it. They can, however, be stated shortly as follows: K.S. Fayazuldin was in possession of all the property now in dispute, after his father K.B. Badiuldin, with the exception of small parcels held more or less jointly by some other members of the family. The property belongs to some or all of the members of the family, and they all desire that the share of each of them in so much of it as is divisible shall be defined. We are not concerned with the property that belonged to the Khan Bahadu


























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