Mohammad Yaqoob Mir, J.

Judgment dated 12.10.2017 rendered in OWP No. 699/2008 titled “Mst. Taja v. Financial Commissioner and others”, is assailed by medium of this appeal under Clause 12 of the Letters Patent.

2. Noticing precise factual matrix of the case shall be advantageous for appreciating the matter in its right perspective:

(I) On the death of estate holder, Aziz Malik, mutation of succession bearing No. 13 has been attested by Naib Tehsildar on 31st July, 1975, in terms whereof estate of the deceased has been mutated in favour of son Jabbar Malik(appellant), daughter Mst. Taja (respondent No. 3) who at that time was minor and in favour of Mst. Shah Mali (widow) till remarriage. On the mutation, the genealogy has been reflected as under:

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(II) The mutation of succession has been attested while following customary law.

(III) The procedure for record of mutation is prescribed in Standing Order 23-A. Part-II of the said Standing prescribes that the Patwari has to enter mutation promptly regarding any case of transfer by (i) inheritance within three months of the death of right holder, (ii) a registered deed, within one month of the receipt of memorandum.

(IV) On the d