ZEBA Vs. STATE OF J&K
LAWS(J&K)-2006-12-20
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 08,2006

ZEBA Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) PETITIONERS have challenged order dated 6 -7 -1994 passed by Financial Commissioner, J&K Government, (respondent no. 1), whereby order passed by Director Land Records with powers of Divisional Commissioner, Kashmir, came to be up -held. In order to appreciate the matter in its right perspective, narration of the brief facts of the case is necessary.
(2.) MALLA Rahman, the estate holder R/O Watlar Ganderbal, died leaving behind sons Samad, Subhan and Shaban. His legacy was mutated by the revenue agencies in favour of Samad, Shaban and Subhan in equal shares. Shaban died leaving behind Mst. Khurshi widow and Qadir, son. Subhan also died leaving behind Habib (son). Samad also died leaving behind Mst. Mali and Mst. Zeba as Khananishin daughters.
(3.) IT appears that Habib had contracted marriage with Mst. Khurshi D/O Shaban. Habib died issueless leaving behind Mst. Khurshi, widow. At that point of time, Shaban and Samad were alive as alleged. The legacy of Habib came to be mutated in favour of widow Khurshi. Said fact was not challenged either by Samad or by Shaban. There -after Mst. Khurshi also died and her property came to be mutated in favour of Qadir S/O Shaban vide mutation No. 278 dated 15 -8 -1958. This mutation was set aside by the respondent no. 1 vide order dated 7 -12 -1977 with the direction to Tehsildar, Ganderbal to hold enquiry. Accordingly Tehsildar conducted enquiry and passed order dated 2 -2 -1979 which came to be assailed before Deputy Commissioner, Srinagar, who transferred the same to Assistant Commissioner, Srinagar who set aside the impugned dated 2 -2 -1979 and directed the mutation to be effected in favour of heirs of Maalla Shaban and Malla Samad in equal shares, so far it related to the property left by Malla Habib as per annexure -P/3. Feeling aggrieved by the said order, parties preferred appeals before Director Land Records - - Divisional Commissioner. It appears that the present petitioners had also filed appeal while as one Ramzan, Subhan and Khazir sons of Malla Qadir had also filed another appeal against the order dated 2 -7 -1979. The Divisional Commissioner decided both the appeals holding that mutations could not be affected in favour of the petitioners and accordingly set aside the orders impugned in the appeal and directed that the entire estate of Khurshi widow of Shaban be mutated in favour of heirs of Qadir, viz. respondents 3 to 6. Aggrieved by the said order, petitioners preferred revision petition before Financial Commissioner, which came to be dismissed and upholding the order of Director Land Records with powers of Divisional Commissioner. Feeling aggrieved by the order of Director Land Records with powers of Divisional Commissioner, petitioners filed revision petition before the respondent no. 1 which came to be dismissed and the order of Director Land Records with powers of Divisional Commissioner, came to be up -held.;


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