HASSAN BHAT Vs. MST. REHATI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by Addl. District Judge, Srinagar in a Civil Suit No. 42/1987 titled Rehati v. Hassan Bhat on 8.6.2000.

(2.) Mst. Rehati (hereinafter referred to as the plaintiff) and Hassan Bhat (hereinafter referred to as the defendant) are the issues of one Habib Bhat R/o village Kausamulla, Tehsil Chadoora, Budgam, who died in the year 1976 leaving behind landed property comprising khewat No. 13 & 14 Min measuring 16 kanals & 16 marlas and 44 kanals & 18 marlas respectively at village Kausamulla, Chadoora. On Hassan Bhats' death, Mst. Rehati could not get her share in the said landed property from her brother Hassan Bhat due to which she had to institute a civil suit for declaration and injunction before this Court on 18th January 1984.

(3.) Mst. Rehati's claimed that she was the 'khana nishin' daughter of Habib Bhat, and pleaded that their family was governed by the custom under which a 'khana nishin' daughter inherits like a son, so both she and Hassan Bhat, were entitled to inherit the landed property left by Habib Bhat, in equal shares. In alternative, the plaintiff prayed that if she is not able to prove here status as a khana nishin daughter, she was entitled to fall back on the Personal Law and get her 'shariyat share' in the property. The plaintiffs' grievance was that the Naib Tehsildar of the area had without any competence mutated the property in favour of the defendant on 9th March 1998 but, according to her, such mutation did not affect her title over the land. She, therefore, prayed for a decree of declaration, declaring her entitled to the half share in the property left by Habib Bhat or in alternative l/3rd thereof under the Personal Law. The plaintiff further prayed that after determining the respective shares of the property, Revenue Officer concerned be directed to partition the land by meets and bounds. She also prayed for a decree of injunction restraining the defendant from alienating the land to any stranger.