HANS RAJ Vs. PALOO DEVI
LAWS(J&K)-1999-3-37
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 11,1999

HANS RAJ Appellant
VERSUS
Paloo Devi Respondents

JUDGEMENT

- (1.) LEARNED counsel for the parties heard. Petition admitted. Taken up for final disposal.
(2.) BEFORE dealing with the legal issue which has been raised in this petition, it would be apt to notice the relationship of the parties.
(3.) ONE Chanar Singh was a co -owner with Ram Singh. Ram Singh made a selection of the land under Big Landed Estated Abolition Act of Samvat 2007. This selection was regarding 183 kanals of land. There is no dispute regarding this. Charan Singh has since died He was represented by his widow. The widow has also died. She is represented by respondents No. 1 and 2. The further fact which is not disputed is that before 1957, the present petitioner was a tenant on the land. In 1957, a mortgage is said to have been created in favour of the present petitioner. With a view to redeem this mortgage, a petition was preferred in terms of Section 10 of the Jammu and Kashmir Agrarian Reforms Act of 1976. This petition stands allowed. An order of resumption has been passed. It is this order which is the subject matter of challenge in this petition.;


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