Jammu and Kashmir Court March 1981 Judgments

Kh. Ali Mohd. Khan and ors. Vs. Abdul Rahim Mir and ors.

Court: Jammu and Kashmir

Reported in: AIR1981J& K57

Mufti Baha-ud-Din Farooqi, Ag. C.J.1. The plaintiff sued to recover a house specified in the plaint. The house in dispute has been acquired by defendants 1 to 3 by sale deed dated 5-11-1962 from defendants 4 to 8. The plaintiff's case is that the house has come down into the family of the plaintiff and defendants 4 to 8, from their common ancestor, Rustam Sheikh. He alleged that Rustam Sheikh had died survived by two sons and one daughter, namely Ahmad Sheikh and Ramzan Sheikh & Mst. Zoona Dedi. The plaintiff claims to be the son of Mst. Zoona Dedi, Defendants 4 to 8 are the grandsons of Ahmed Sheikh through his only son, Abdullah Sheikh. The plaintiff asserted that Ramzan Sheikh had died issueless. But at the trial it was found that he was survived by his son. Gh. Qadir Sheikh, who was impleaded as defendant No. 9. The plaintiff claimed 2/5th share on the basis of title: 1/3rd share on the basis of right of prior purchase. The suit was opposed by defendants 1 to 8. They denied that th...