AHMAD DAR Vs. MUKHTI

JUDGEMENT

(1.) This is defendants' second appeal and arises out of a suit brought by the plaintiffs for recovery of half share in the land measuring 14 Kanals and 11 Marias comprised of Khasra No. 17 in Tehsil Anantnag left by Mt. Aahmi who died in Section 1982 without any issue. The property in dispute belonged to one Mirza, the common anoestor of the parties. Mirza had five sons out of whom two, Rehman and Basal, died without leaving any heirs. We are no longer concerned with them. The remaining three, Rahim, Akli and Wahab succeeded to the property left by Mirza. Mt. Aahmi represented Akli's line and the property left by her is in dispute. The contest is between the representatives of the line of Rahim and Wahib in regard to the property left by Mt. Ashmi. Mt. Khurshi, Mt. Mukhti and Mohammad are the plaintiffs and they claim half of the share of the property left by Mt. Ashmi and they have brought the suit against Rajab and Wall defendants who represent Wahab's line.

(2.) The plaintiffs' case is that Mt. Ashmi died issueless and they being the agnates of her father are entitled to succeed to the property left by Mt. Ashmi to the extent of one half. The defendants resisted the suit on the ground that they have been in possession of the property after the death of Mt. Ashmi and the plaintiffs' suit is barred by time. It was further pleaded that the plaintiffs are not the agnates and, therefore, have no locus standi to bring the suit.

(3.) The trial Court dismissed the plaintiffs' suit on the ground of limitation. On appeal the learned District Judge by his order dated 14th Bhadoon, 2004, allowed the appeal of the plaintiffs, set aside the decree passed by the trial Court and remanded the case to it with the direction that the question of limitation be gone into again keeping in view the observations made in the order of remand and the case be decided afresh according to law. The trial Court again held the suit to be barred by time and the plaintiffs' suit was accordingly dismissed. The plaintiffs came up in appeal and the learned District Judge accepted the appeal of Mt. Khurshi and passed a decree for joint possession in her favour to the extent of one-half of the property left by Mt. Ashmi. The defendants have come up in farther appeal to this Court.