AHAD LONE Vs. AZIZI

JUDGEMENT

(1.) The following pedigree will explain the position of the parties to this litigation:

(2.) Later on the learned Judges note :

(3.) This observation was made in repelling the plea of adverse possession put forward on her behalf. It is plain that in the circumstances, appearing from the mutation proceedings, Mt. Frichi could not be in adverse possession. The learned Judges eventually heid that "while this intervening interest (Frechi's) was existing, Ahad died and his heirs are-entitled to succeed to aim." Reliance was placed in the High Court on '38 PLR., J & K p. 86', for the proposition that 'Khana Nishm' daughters cannot inherit the property of her brother antler the customary law. The High Court distinguished this case on the ground that the plaintiffs in the present case are not, suing for possession but only 1'or declaration, as reversionary and that the question as to who will be entitled to possession will fall to be decided on the death of Frechi. In this view the learned Judges granted the declaration prayed for by the plaintiffs.