ATTAR SINGH Vs. HARBANS KAUR
LAWS(J&K)-1986-9-17
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 19,1986

ATTAR SINGH Appellant
VERSUS
HARBANS KAUR Respondents

JUDGEMENT

- (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 petition.
(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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