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1950 Supreme(Nagpur) 21

V R.SEN
MOHAMAD SARDAR – Appellant
Versus
BABU GYANU MARATHE – Respondent


Advocates Appeared:
K G Chendkey, M R Bobde, M Y Shareef, V V Kelkar, Advocates

JUDGMENT

V R Sen, J—The immoveable property described in para. 1 of the plaint originally belonged to Sheikh Kareem who died in or about 1933. He left behind his wife Mt. Faizanbi & four minor children, 3 sons & 1 daughter. They are plffs. 1 to 4. The share of Faizanbi in the property was only 1/8th while the remaining 7/8th share devolved on the plffs. in accordance with the Mahomedan law of succession.

2. Sh. Kareem was indebted to Haji Aga Khan (D. W. 2) & after his death the latter obtained a decree in civil suit No. 122 of 1931 against Faizanbi. He was also indebted to Pathan Khan who obtained a decree in civil suit no. 417 of 1932 against Faizanbi & the plffs. There was another decree of Bismilla against Faizanbi & the plffs. for Rs. 822 in civil suit No. 69 of 1931. The property in suit was attached in execution of the decree in civil suit No. 122 of 1931 & the decree was later sent to the Collector- Haji Aga Khan undertook to pay off the debts due under the decrees & from Sk. Kareem. Permission to sell the property in suit was obtained from the S. D. O. Buldana. Faizanbi sold the property in suit together with her share to one Sultan Khan Pathan for Rs. 2500 under a duly exec

































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