1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal NO. 427/2010 (Hamjodinshah Bashirshah & another VERSUS Rabiyabi Husensha & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Wankhede, counsel for the appellants. Shri C.A. Joshi, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : NOVEMBER 23 , 2010 . Heard. The respondents are the original plaintiffs. They had filed a suit for partition and separate possession of their half share in the suit property. According to the plaintiffs, the property was initially owned by their grandfather Ishamoddin Shah. Ishamoddin Shah died in the year 1936. After the death of Ishamoddin Shah, his wife Hurmatbi, succeeded to the suit property. Ishamoddin Shah and Hurmatbi had two daughters viz. Maryambi and Zubedabi. The plaintiffs are the daughters of Maryambi and the defendants are the sons of Zubedabi. It was the case of the plaintiff that after the demise of Hurmatbi, Maryambi and Zubedabi inherited the suit property, and the plaintiffs and the defendants became the owners of the suit property by inheritance. Since the 2 defendants refused to partition the suit property and mutated their names, the suit was instituted by the plaintiffs. The defendants failed to file the written statement and the suit proceeded against the defendants without a written statement. Both, the trial Court and the first appellate Court, on the appreciation of the evidence on record, held that each of the plaintiffs and defendants were entitled to 1/4th share in the suit property. According to the Courts, after the death of Ishamoddin Shah and Hurmatbi, Maryambi and Zubedabi became the owners of the suit property. The Courts relied on the provisions of Rule 229 of the Mohammedan Law (Table of Shares under the Hanafi Law) for holding that Maryambi and Zubedabi succeeded to the suit property to the extent of half share each. Since the plaintiffs and the defendants were the daughters and sons of Maryambi and Zubedabi respectively, both the Courts held that they were entitled to get 1/4th share each, in the suit property. The findings recorded by both the Courts are pure findings of facts based on a proper appreciation of the material evidence on record. They do not give rise to a substantial question of law. 3 The second appeal is, therefore, dismissed with no order as to costs. JUDGE APTE