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1972 Supreme(Online)(All) 13

ALLAHABAD HIGH COURT
Not mentioned,
Smt. Kulsumun - nisa – Appellant
Versus
Smt. Ahmadi Begum – Respondent


Table of Content
1. partition suit involving heirship and claims (Para 1 , 2 , 3 , 4)
2. arguments on heirship and oral gift (Para 6 , 9 , 10 , 18)
3. assessment of evidentiary value of documents (Para 17 , 25 , 34)
4. final decision on partition and ownership (Para 50 , 52)

1. This appeal is filed by Smt. Kulsumun - nisa. She was the contesting defendant in the suit. The suit was instituted by Smt. Ahmadi Begum. During the pendency of the appeal she died, and her legal representatives are on record. They are Mohammad Farooq, her son, and Smt. Mahmooda and Smt. Zubaida, her dauthers. The appellant also is now dead, and certain persons have been substituted in her place as her legal representatives.

2. The suit was for partition of her 1/10th share in the plaint properties. It was instituted in 1945. The plaint properties included zamindari, buildings and moveables.

3. We give a short pedigree for the purposes of the case. It is admitted by the parties.Smt. Ahmadi Begum was the half sister of Smt. Ajaib - un - nissa from her father; Fazal Haq and Reazul Haq were her half brothers from her father. They were arrayed as defendants in the suit. They have also claimed partition of their shares

































































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