JANA AND OTHERS Vs. GHULAM NABI
HIGH COURT OF JAMMU AND KASHMIR
JANA AND OTHERS
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(1.) This is an application for review in which a decree passed by His Highness on the recommendation of the Board is sought to be reviewed on two grounds. One of them is that the documents of 1944, which has been held by this Board to be not valid and genuine should be considered to be valid and genuine.
(2.) There can be no manner of doubt that an application for review cannot be entertained for reconsideration of a question of fact on which the Board, after considering all the circumstances of the case, arrived at a clear finding. The second question which is said to be one of law is that certain amendments to the Tenancy Law have since been made. It is contended that the amendments were in force at the time when the case was heard by the Board. No question based on such amendment was argued. Whether the contention of the learned Counsel has any substance or not, need not be considered as the matter might and ought to have been raised at the time when the appeal was heard by the Board. It is too late to entertain an absolutely new ground on which the decree of the High Court is sought to be reversed. In these circumstances the application of review has no force and the Board humbly advise His Highness to reject it.;
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