1. This is a Letters Patent appeal against the judgment and decree, dated 5th November 1942, passed by Digby J., in Second Appeal No. 557 of 1939.

2. The case out of which this appeal arises had a long and chequered history. The case involved complicated question of title which turned on the decision of difficult questions of fact and law arising out of the Muhammadan law. These questions have not been decided in second appeal which has been disposed of on the ground that Civil Appeal No. 31A of 1937 had abated as a whole.

3. The appeal arises out of a suit for partition and separate possession. The value of the property to be partitioned is not large. The area sought to be partitioned is small. The question involved in this appeal is, however, important.

4. For a proper understanding of the point involved in this appeal it is necessary to set out the following genealogical tree:

KARIMBI = RUSTAM = ASMATBI |_______________________________________________ | | | | Kalloo (deft. 2) | | | Rahim = Malobi (plff. 1) Gulam Nabi Nyajbi (plff. 5) Bunobi Aminuddin | | Halimabi (plff. 2) Sirajuddin (plff. 4) | ___________________________________________________________ | | | | Hanifabi (p