Mumbai Court September 1906 Judgments

SumsuddIn Gulam HooseIn Vs. Abdul HooseIn Kalimoodin

Court: Mumbai

Reported in: (1906)8BOMLR781

Lawrence Jenkins, K.C.I.E., C.J. 1. Before us the suit has been treated as one brought by Fatamboo to establish her right as one of the heirs of her deceased father Kalimudin Amirudin, who died on the 25th of June 1900.2. Kalimudin's heirs at his death were his two sons, the first and second defendants and his daughter, the original plaintiff Fatamboo. He left no will, so that if the case rested there, Fatamboo's claim would be unanswerable. But it is pleaded that by a document of the 25th of October 1895, Ext. F, her rights as one of her father's heirs were extinguished, and the only question argued before us has been as to the soundness of this plea.3. Exhibit F is addressed to Kalimudin, and it runs as follows :-To Mulla Kalimudin Amirudin an inhabitant of Horwad at Cambay...Written by Bai Fatambu Kalimudin wife of Grulam Husen Abdulaly, an inhabitant of the aforesaid place. To wit. You are my respected father. You have two sons besides myself. And as to whatever immovcable and move...