YAQOOB LAWAY Vs. GULLA

JUDGEMENT

(1.) THIS Civil Second Appeal is directed against the judgement and decree dated 31.12.1988 passed by the District Judge, Anantnag in Civil First Appeal against the judgement and decree passed by the Sub -Judge, Kulgam dated 28.2.1986 in COS titled Gulla v. Yaqoob Laway and others.

(2.) THE matter relates to adoption under customary law. The parties are Muslims and the dispute between them is on the landed property left by one Ismail Laway of village Hanand, Tehsil Kulgam.

(3.) GULLA (Pisar parwarda) - - contesting respondent No. 1 (hereinafter referred to as the plaintiff) filed a suit for declaration against Yaqoob Pisar Ismail Laway and others in the court of Sub -Judge, Kulgam on 08.11.1974. The plaintiff alleged that he was the adopted son of one Ismail Laway while as Yaqoob - - appellant No. 1 and Mst. Hajira and others - appellant nos. 2 to 4 and proforma respondent No. 2 (hereinafter referred to as the defendant) were the issues of said Ismail Laway. Yaqoob was his son and the other defendants were his daughters. According to the plaintiff deceased Ismail Laway left landed property at village Hanand under Khewat Nos. 40/40 and 41/41 and trees under Khewat No. 18. He claimed that he was entitled to inherit alongwith the defendants was pisar parwarda of Ismail Laway and sought declaration for the same. The defendants denied his claim that he was the adopted son of Ismail Laway and asserted that the plaintiff had no right to inherit any portion of the property left by their father. In 1985 the plaintiff amended his suit and incorporated the relief of joint possession to the extent of half of the land left by Ismail Laway on the ground that he and Yaqoob Pisar Ismail Laway were only entitled to inherit the land left by Ismail Laway as rest of the defendants, who were daughters of Ismail Laway, had been married outside their house, as such under custom they were not entitled to any share in the property left by their father.