The question that has been referred to the Full Bench for decision is: What would be the status of a girl for whom a husband has been brought into the family by her mother in pursuance of a direction of her deceased husband, i. e. whether such a daughter is entitled to the status of a khana nishin dukhtar of her deceased father.

2. The main facts giving rise to this reference are as follows :-

Jamal and Kamal were two brothers. Kamal died leaving behind him a daughter, named Mst. Saja, and Jamal was survived by his only son Ahad. On the death of Kamal his land was mutated in the name of Mst. Saja on the condition that she would hold it till her marriage. On her marriage, however, the revenue authorities effected a permanent mutation in her name for the reason that she was the khana nishin daughter of Kamal. Ahad, thereupon, instituted a possessors suit for this land on the basis that he as nephew was entitled to succeed to the property of his uncle, Kamal, in preference to Mst. Saja who was not a khana nishin dukhtar. The defendant appellant resisted the suit on the ground that she was the khana nishin dukhtar of Kamal. It was not denied that Mst. Saja had been ma