ATTAR SINGH Vs. HARBANS KAUR
HIGH COURT OF JAMMU AND KASHMIR
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(1.) THE judgment in Civil Second appeal No. 27/1980 dated 14 -8 -1985 having been declared non -est in terms of my order on the review petition No.
13/1985 decided on 19th September, 1986, I proceed to decide the Civil Second Appeal which was heard on merits along with the aforesaid review
(2.) THE appellant before the trial court had filed a suit for declaration against the respondent No. 1 that she was not Khana Nishin
daughter of her father Maya Singh and in the valley of Kashmir, a
daughter, who is married outside the fathers house, amongst villagers,
and if she is not made khana Nishin is not entitled to inherit the
ancestral property of her father.
(3.) MAYA Singh father of respondent No. 1 is said to have died in the life time of his own father, Sukha Singh & it is stated that in the
revenue records respondent No. 1 got her name entered at the back of the
appellant. Respondent No. 1 has averred that she was in possession of the
share of the property which her father could inherit and mutation also
was effected in her name with the consent of appellant and other
respondents. On the pleadings of the parties the following issues were
framed by the trial court:
1. Whether the parties are governed by such a custom by virtue of which that daughter who has not been made a Khan anishin daughter is not
entitled to inherit her fathers property?,
2. If issue No. 1 is proved whether no person except her father could make 1st defendant Harbans Kaur as a Khana Nishin Dukhtar? OPP
3. Whether Harbans Kaur is a Dukhtar Khana Nishin? OPD
Whether Harbans Kour is not in possession of her fathers property? If so, what shall be its effect on the suit? OPP
4. RELIEF .;
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