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1999 Supreme(J&K) 46

SYED BASHIR-UD-DIN
Hafeeza Khannesheen – Appellant
Versus
Nazir Ahmad Masoodi – Respondent


Advocates Appeared:
Advocate For Appellant: M. Ayub Bhat
Advocate For Respondent: M.Y. Parray

1. Respondent No. 1, Nazir Ahmad filed civil original suit 88/95, against petitioner and other respondents for declaration, partition, possession and permanent injunction in respect of 30 kanals and 8 marlas of land situated at Manzahama Tehsil Beerwah District Budgam more specifically referred to in para 3 of the plaint. The suit is based interalia on the ground that plaintiffs mother Mst Misra and her two sisters Hafiza and Zarifa succeeds to the suit property and through them the respondents and petitioner inherit mathrooqa property of their father, Gh. Rasool.

2. The property is undivided and all three sisters are entitled to inherit the property in equal shares under personal law(Mohmmad-an Law). Plaintiffs Mother Mst. Misra and dependents 2 to 5s mother have died. The Plaintiff and the defendants are entitled to their share on petition. The defendant No.1 Hafiza who is possession of her and Plaintiff and other defendant™s shares, is refusing to effect partition and to part with possession of the shares of plaintiff and other defendants. Hence the suit.

3. On 30.9.95 plaintiff moved an application before the trial court of Munsiff Magam for appointment of receiver for the sui







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