Dwivedi, J. - (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 ap peal she died, and her legal representa tives are on record. They are Moham mad 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 ol her 1/lpth share in the plaint properties. It was instituted in 1945. The plaint pro perties included zamindari, buildings and moveables. We give a short pedigree for the purposes of the case. It is admitted by the parties. Smt. Ahmadi Begum. Smt. Hamid-un-nissa Haji Efayat Ullah=Smt. Nafam-un-nissa Smt. Ajaib-un-nissa. Fazal Hag. Biazul Hag. 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 in the plaint properties, Smt. Kulsumun-nissa is her daughter.
(3.) THE plaint properties belonged to Smt. Ajaibun-nissa. She died on Octo ber 24, 1944. Smt. Ahmadi Begum claim ed l/10th share in her properties as her half-sister. Smt. Kulsumun-nissa con tested her claim. Her pleas were three fold. Firstly, she said that Smt. Ahmadi Begum was not an heir to Ajaibun- nissa, Secondly, Ajaibun-nissa had made an oral gift of her entire immoveable property in her favour on December 25, 1942 and that since then she has been in possession over all these properties. Thirdly, Ajaibun-nissa did not leave behind any moveable properties.;