4, Nazarali, when the defendants NO.
D/3 were executed by the plaintiff and defendant No.
Appeal by special leave from the judgment and order dated March 5, 1970 of the Madhya Pradesh High Court in Indore Bench in Second Appeal No.
C. Bhartari, D. N. Mishra and J. B. Dadachanji, for, respondent No.
The Judgment of the Court was delivered by BEG, J. This is a Defendants appeal by Special Leave against the judgment and decree of the High Court of Madhya Pradesh allowing a second appeal in a partition suit between members of a family governed by Muslim law.
1, 2 and 3 had with their labour and money straightened the status of his father Kadar Ali and had cleared up the debts which would have devoured the, whole property of Kadar Ali and the plaintiff was doing numberhing and was in a way a burden to his father.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
4 are estopped by their declarations and companyduct and silence from claiming their shares in the properties companyered by these deeds.
D/2 and Ex.
The Defendant Appellant and the Plaintiff Respondent are both sons of Kadir Ali Bohra who died on 5 4 1952 leaving behind five sons, a daughter and his widow as his heirs.
Rajendra Chowdhry, for the appellant.
618 of 1964.
2134 of 1970.
The first Appellate Court, the final companyrt on questions of fact, recorded the following findings, after examining the, whole set of facts before it, to companyclude that the plaintiff and defendant No.
4 were estopped from claiming their shares in the inheritance In the instant case, it is evident that the release deeds Ex.
