MST. ZOONI AND ORS. Vs. SALAM AND ORS.

JUDGEMENT

(1.) THE main question for the consideration of the Board in this appeal is whether a family custom has been duly proved whereby a Muhammaden sister who succeeds to her brother's estate is subject to be divested of the same on her marriage by the agnatic heirs of her deceased brother.

(2.) THE property in suit viz., 36 Kanals and G Marias of land situated in the village Pulwama was at one time the estate of a Mohammaden named Ahmed who died in S. year 1986 leaving unto him surviving a sister, appellant l, and certain agnatic relations, the respondents, who are his father's brother's sons and grandsons. On the death of Ahmed a contest arose between appellant 1, and the respondents but by a mutation order dated Har 18, 1988, which was finally confirmed by the Governor on 6 -3 -1934, the name of appellant 1 was recorded as the owner of the estate till her marriage.

(3.) BY the suit out of which this appeal has arisen the respondents seek an injunction against appellant 1, and against Satar and after his death against his two sons, Ali and Sultan, respondents 2 and 3, restraining them from interfering with the possession of the estate left by Ahmed and they further seek a declaration to the effect that the said sale and mortgage made by appellant 1, in favour of Satar are void and inoperative.