AZIZ DAR Vs. FAZLI

JUDGEMENT

(1.) THIS is plaintiffs appeal and arises out of a suit for declaration that the alienation made by Mst. Khatji and Mit. Fazli of11kanals and 1 marla of land situate in village Nihalpura, Tehsil Baramulla in favour of Dina Nath vendee by virtue of a sale deed dated the 3rd Maghar 2001 is invalid and inffective so far as their rights and interests in the land were concerned.

(2.) THE following pedigree table will explain the position of the parties in this case,

(3.) THE plaintiff who are the descendents of Sidis branch alleged that the parties were governed by customs and that Mst Khatji and Mst. Fazli, not being absolute owners of the property, could not alienate that property in favour of Dina Nath vendee. They admitted in their statement before the issues that they were governed by custom by which daughters were excluded from inheritance unless they were Khana Nisheen daughters. Mst Khatji and Fazli, not being Khana Nisheen daughters had limited interest in the property and they could not alienate the land in favour of Dina Nath vendee