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1927 Supreme(Lah) 156

JOHNSTONE
Feroze Din – Appellant
Versus
Nawab Khan – Respondent


JUDGMENT

Johnstone, J. - The parties to this appeal are Muhammadan Rajputs of Garhshankar, a small town of about 5,000 inhabitants, in the Hoshiarpur District. Seven plaintiffs instituted the suit and were later on joined by an eighth, defendant 5, mentioned in the plaint. These eight persons claim to be, and it is not denied that they are, reversioners in the third degree of one Chaudhri Ghulam Jillani Khan, who died in 1912, leaving a widow Mt. Basri (defendant 1) and three reputed sons (defendants 2 to 4) by Mt. Begam. There are also two daughters, one of whom was married but had no child when the suit was brought, while the other was at the date of institution an unmarried minor, but has since married and given birth to a son.

2. Defendants 2 to 4 claimed to be the legitimate sons of the Chaudhri by Mt. Begam, who was formarly a tawaif, i.e., dancing girl or prostitute by profession.

3. On the death of the Chaudhri mutation was effected in the revenue papers and with the consent of Mt. Basri defendants 2 to 4 succeeded to half the estate. Against this order the plaintiffs appealed to the Collector who held that defendants 2 to 4 ware illegitimate and directed mutation to be made i

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