MUMTAZ BEGUM Vs. AMAN ULLAH KHAN

JUDGEMENT

(1.) THIS revision petition originally came up before one of us but was referred to a larger Bench in view of the importance of the points involved in the petition.

(2.) THE giving facts rise to this petition are that the petitioner Mumtaz Begum brought a suit against the respondents for a declaration that the plaintiff petitioner being the daughter of s. Abdul Qayoom was entitled to l/3rd of the suit property which was land measuring 385 kanals and 19 marlas under khewats No 1/1, 44, 9/7, and 5/5 in village Zakura Tehsil Ganderbal and Khewat No. 24 21 in village Gulab Bagh Tehsil Ganderbal. The further reliefs prayed by the plaintiff were.

(3.) IN para(6)of her plaint the plaintiff made a mention of the fact that a portion of the land in suit was converted into an orchard by Abdul Qayum Khan and the rest of it was under cultivation.