MT IMTIAZ BEGAM Vs. ABDUL KARIM KHAN

JUDGEMENT

(1.) The property in dispute is a zamindari share in mauza Naithuwa which originally belonged to Mt. Imtiaz Begam, defendant. She gifted the property to her husband Muhammad Khan and his name was mutated in the revenue record in due course. Muhammad Khan died on 15 May 1925. The name of Mt. Imtiaz Begam, the widow, was mutated by order of the revenue Court dated 7 June 1926.

(2.) Plaintiffs, as residuary heirs of Mahammad Khan, brought the suit which has given rise to the present appeal for a declaration that they were the owners in possession of 12 out of 16 sihams in the zamindari share left by Muhammad Khan. They prayed for possession in the alternative.

(3.) The defendant denied that the plaintiffs were the residuary heirs of her husband and contended that after the death of Muhammad Khan she had lawfully and peaceably, without any force or, fraud taken possession of the property in lieu of her dower debt and that the plaintiffs ware not entitled to recover possession of it so long as her claim to dower was not satisfied.