Law:

Section:

Custom (Punjab)- ----- Succession --- Occupancy rights of 'land in question devolved on deceased (female) as unmarried daughter --- Plaintiff and defendant both claiming to file the husband of deceased female asserted their right to inherit the property left by her on her death --- Female (deceased) was unmarried at the time when she inherited property in question in 1937 --- Deceased female's Nikah with plaintiff was proved by entry from Nikah Register, such entry was further corroborated by the statement of Nikah Khawan who had- appeared in Court as witness--­ Nikah was shown to have been performed on 16-4-1940 --- Defendant's evidence on the other hand that deceased was married to him when she was 5/6 years of age was not believable and was contradicted by the entries of mutation, of succession which showed deceased to be unmarried and inhering occupancy rights on that count while her other sisters were excluded because of their marriage prior to opening of succession --- Plaintiff being husband of deceased female , was entitled to inherit the entire property left by the deceased. JUDGMENT This regular second appeal arises out of a suit. for declaration and perpetual injunction filed by Ghulam Yasin petitioner and Mst. Began predecessor-in-interest of Ghulam Rasool and Mst. Rabia Bibi respondents on 28-8-1953 in the Court of Civil Judge Mandi Bahauddin. The petitioner had claimed that he was the husband of Mst. Rabia deceased and was entitled to inherit the entire property left by her. The suit was decreed vide judgment and decree dated 24-6-1955. However, on appeal filed by respondent - No.1 the learned Additional District Judge, Gujrat reversed the judgment and decree of the trial Court vide his judgment and decree dated 29-&1966. Hence this appeal. 2. The sole controversy involved in this appeal is whether Mst. Rabia Bibi was wife of Ghulam Yasin, appellant or that of Muhammad Azam, respondent No.l. The decision of the other question as to who is entitled to get inheritance of Mst. Rabia and her deceased son Ghulam Sarwar depends upon the decision of the first question regarding her marriage. 3. 1 have heard the learned counsel for the parties at…

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