MOHD DIN Vs. AB RASHID MIR

JUDGEMENT

(1.) THIS petition for reversal of an order passed by one of the learned benches of this court U/S 152 of CPC which reads, as under:

(2.) BEFORE this petition is disposed of on merits, it becomes essential to give a resume of certain facts of the case, as below:

(3.) THAT the respondent filed Civil second Appeal No:19/ 1974 against the judgment and decree of the learned District Judge, Poonch/ Rajouri dated: 27.5.1974. the judgment of the lower appellate court was set aside and the suit of the respondent was decreed and the learned single Judge of this court while allowing the appeal vide judgment dated 2.11.1979 observed that " For the foregoing reasons the appeal is allowed the judgment of the learned appellate court is set aside and the appellantâ„¢s suit is decreed with the observation that the gift deed executed by Mst. Zenab Be in favour of the respondent shall be valid only to the extent of her own share in the property and not beyond that which means l/16th of 30 kanals and 4 marlas of land."