AZIZI Vs. MEHREE

JUDGEMENT

(1.) Heard the parties.

(2.) The present appeal by special leave has been filed by the plaintiff against the judgment rendered by the Jammu and Kashmir High Court whereby dismissal of the plaintiff's suit as affirmed by the first appellate court has been confirmed.

(3.) The plaintiff filed a suit for partition claiming one-half share in 12 canals of land which has been fully described in the plaint and her case was that one Ramzan had three daughters Azizi (plaintiff) , Mst Mehree (Defendant 1) and Mst Mukhti @ Mugli. Ramzan died leaving behind his three daughters referred to above who inherited the suit property in equal shares. It was stated that thereafter Mst Mukhti died in 1981 and her 1/3 share which she inherited from her father devolved upon the plaintiff and defendant 1 in equal shares. In this manner the plaintiff claimed half share in the suit property, It was her further case that Defendant 2, who was the son of mst Mehree falsely claimed to be the adopted son of Mst Mukhti, and a Will alleged to have been executed by Mukhti in his favour was not genuine and valid.