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1945 Supreme(J&K) 31

PARSANTO KUMAR SEN, PT.SHAM KRISHNA DAR, CH.NIAMAT ULLAH
Wahab Ali – Appellant
Versus
Majid Khan – Respondent


Advocates Appeared:
Advocate For Appellant: Ch. Inder Dass
Advocate For Respondent: Raja Jaswant Singh

Honble Ft Shiam Krishna Dar.-This is an appeal against a judgment and decree dated Maghar 15, 2000 of the High Court by which it affirmed a judgment and decree dated sawan 4, 2000 of the District Judge, Mirpur, whereby a judgment and decree dated Assuj, 31, 1999 of the Munsiff of Bhimber was reversed.

On Maghar 30, 1990 the respondent No. 2, an old Mohammadan lady, executed a document, which is described as a will, by which she disposed of all her property, movable and immovable in favour of respondent No. I her daughters son. Relying upon this .disposition, as a gift in present, the Revenue authorities by an order dated Assuj 25, 1997 expunged the name of respondent No. 2, and substituted the name of respondent No. I, in her place in regard to one half share in an area of 102 kanals 16 marlas of joint land in village Changi Chiar, Tehsi Mirpur.

The appellants who are the two grand sons of a brother of the husband of respondent No. 2 seek a declaration that the transfer of the land thus made is not binding upon them. They allege that the property thus transferred was the ancestral property in the hands of the respondent No. 2 and under a tribal and family custom the respondent No. 2,












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