HIGH COURT OF JAMMU AND KASHMIR
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(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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