MOHD MIR Vs. JABAR MIR

JUDGEMENT

(1.) THE trial court of Sub -Judge, Baramulla has dismissed the suit of the plaintiff in its entirety and the first appellate court has reversed the judgment and decree of the trial court and decreed the plaintiffs suit. This is defendants second appeal against the judgment and decree of District Judge, Baramulla dated 12 -7 -1974.

(2.) THE plaintiffs had claimed the suit property as nearest reversioners of one Lassi War and the defendants appellants herein had resisted (he suit on the ground that the property of Lassi War had vested in his sisters, Mst. Khatiji and Khatuni on his death, therefore the plaintiffs respondents had no title or claim in the said property. Both the courts below have decided the suit erroneously and on a reasoning which is neither logical nor legal.

(3.) IT is not necessary to go into the facts of the case because for the purpose of the decision of this appeal some legal points are required to be thrashed out which have been lost sight of by the courts below. Relevant fact for the decision of this appeal are admitted. On the basis of those facts it is to be seen as to whether the appellants are entitled to any relief and if they are able to succeed in the appeal, to what extent their claim can be upheld in the suit property. The admitted facts are as under: - i) Lasi war was the last owner of the suit property; ii) After his death he was survived by his widow Mst. Azizi and two sisters Mst. Khatji and Khatuni. iii) . Mst. Khatji has also died issueless and Mst. Khatuni left behind Aziz Ganai, appellant No. 4. iv) Mst. Azizi widow of Lassi War also has died. She had held the property of Lassi War as a limited owner till her death. v) The plaintiffs are from the line of one Sharaf War who was Lassi Wars fathers brother. As such Lassi War and the plaintiffs are from a common ancestor. In the mattei of inheritance so for as a widow is concerned, parties are governed by custom and in all other matters of inheritance parties are governed by their personal law i.e. Mohammadan Law.