1. Appeal No. 44 and the cross-appeal arise in the following circumstances.

2. Hamza Mir who was the proprietor of the land in question died leaving behind the two sons Ahad and Wali and a daughter seriarvi who was married to Akram. The plaintiff brought a suit in the court of Sub-Judge Handwara praying for a declaration that the will executed by Hamzi Mir in favour Sarvi and a sale deed executed by him dated 28-4-56 registered on 4-5-56 in favour of Akram were invalid and inoperative inasmuch as Hamza was a person of an unsound mind or at any rate a person of weak intellect and understanding and the two documents has been executed by Akram and Sarvi by exercising undue in fluence on Hamze Mir. The plaintiffs further prayed for a decree for Possession on the basis of the right of prior purchase on the ground that they were the next heirs. The plaintiffs further averred that Mst Sarvi was not a Khana Nashin daughter of Hamze Mir, but was married outside the family and that therefore the plaintiffs alone were entitled to inherit the property according to the custom that was prevalent into the family. The plaintiffs, however, did not allege the existence of a specific custom by which a

Click Here to Read the rest of this document