HASSAN BHAT Vs. AHMAD KHANDAY AND OTHERS

JUDGEMENT

(1.) This Latters Patent Appeal is directed against the judgment and decree passed by learned Single Bench of this Court in CIMA No.45/2000 titled as Hassan Bhat Vs. Mst. Rahti on 10"'June, 2005.

(2.) It is necessary to give the flask back of the case, the womb of which has given birth to the present LPA.

(3.) One Habib Bhat, resident of Kounsar Mulla died in the year 1976 leaving behind Mst. Rahti and Hassan Bhat. Mst. Rahti, who shall be hereinafter referred to as plaintiff, was constrained to file a suit. The plaintiff claimed that she is the Khana-Nishin daughter of Habib Bhat and their family is governed by the custom under which Khana Nishin daughter inherits like a son. Accordingly, the plaintiff prayed that both, plaintiff and defendant are entitled to inherit the property left behind by Habib Bhat, their father, in equal shares. In alternative, she has pleaded that she is entitled to fall back on personal law and to get her share in terms of Muslim Personal Law.