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1962 Supreme(J&K) 25

K.V.GOPALAKRISHNAN NAIR, JANKI NATH WAZIR
Ahsan Dar – Appellant
Versus
Mohd. Dar – Respondent


Advocates Appeared:
Advocate For Appellant: J.N. Bhat
Advocate For Respondent: J.L. Chowdhry

Gopalakrishnan Nair J.

1. This is a plaintiffs second appeal directed against the judgment and decree of the District Judge at Srinagar who dismissed their suit reversing the decision of the City Judge, Srinagar. The facts are not now in dispute and lie within a brief compass. The property in suit belonged to deceased Ismail Dar who was the husband of the first defendant. Mst. Khadmi On his death it was mutated in the name of his widow, the first defendant. But the first defendant contracted a second marriage and the second defendant was born out of that wedlock. Soon after her second marriage a dispute arose between her and the collaterals of her former deceased husband, Ismail Dar. The latter appear to have endeavored to get mutation of the suit property changed to their names. That was resisted by the first defendant. It appears that the two brothers of the first defendant supported her in the mutation proceedings, Eventually, the Revenue Officer passed orders in the mutation proceedings directing that the Property be mutated in the name of the first defendant for her life and thereafter in the name of her two brothers as owners The third plaintiff is one of those brothers and pl










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