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Citation: 1971 PLD 108
Court: High Court of Azad Jammu and Kashmir
Year: 1971
Decision Date: 1971-06-24
Parties: IMAM DIN AND OTHERS vs MANGIA AND OTHERS
Case cited as PLD 1971 Azad J & K 108
Court Name: High Court of Azad Jammu and Kashmir Judge(s): Chaudhry Rahim Dad Khan Title: IMAM DIN AND OTHERS vs MANGIA AND OTHERS Case No.: Civil Appeal No, 17 of 1969 Date of Judgment:1971-06-24 Reported As: PLD 1971 Azad J & K 108 Result: Appeal accepted JUDGMENT JUDGMENT This is a second appeal by legal representatives of Mst. Zain Bibi defendant No, 1. The dispute in this case relates to the property of one Gulaba, a sonless Thakyal, of village Jabbar Batang Niabat Hattian Tehsil and District Muzaffarabad, who died during the Dogra Regime, more than 20 years before the War of Liberation, when custom was in vogue. He was succeeded by three daughters ; namely Mst. Zain Bibi, Mst. Hashoo and Mst. Sumundra. Mst. Zain Bibi was married during the lifetime of Gulaba with Imam Din. She was `Khana Nashin daughter' and on death of her father, claimed to inherit the entire estate left by her father as `Khana Nashin daughter' before the Revenue Officer who attested mutation deed Exh. P. A. on 12th Badon 1982 Bikrimi. Mst. Faqirni, widow of the deceased, supported the claim of Mst. Zain Bibi before the officer who attested the mutation but the attesting officer in view of the fact that there were two unmarried daughters of the deceased attested the mutation No, 89 in favour of all the three daughters. However, it was recorded that the entry in favour of both the minor unmarried daughters would be effective only till their marriage after which further order will be passed. On…
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