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2004 Supreme(SC) 570

G.P.MATHUR, S.RAJENDRA BABU, A.R.LAKSHMANAN
J. C. Sehgal – Appellant
Versus
Devi Dass – Respondent


JUDGMENT

Dr. AR. Lakshmanan, J.-Leave granted.

2. These two appeals arise out of S.L.P. (C) Nos. 21469-21470 of 2002 and filed against the judgment and final order dated 10.10.2002 passed by the High Court of Jammu and Kashmir at Jammu in C.R. No. 231 of 2001 and C.R. No. 4 of 2002, whereby the High Court dismissed the revision petition bearing C.R.No. 231 of 2001 of the appellant herein - J.C. Sehgal and allowed the revision petition bearing C.R.No. 4 of 2002 filed by respondent No.1 - Devi Dass.

3. The short background facts of the case are as under:

One Abdul Rouf Ahmed was the owner in possession of four rooms along with land appurtenant thereto. One of the said rooms and some portion of the land was given to one Raj Kumar on rent as tenant. The aforesaid Abdul Rouf Ahmed sold the entire property to one Issar Dass. Respondent Nos. 2 to 5 herein are the legal heirs of the aforesaid Issar Dass. The tenant Raj Kumar accepted late Issar Dass as his landlord and a fresh rent note was executed during 1967. During the subsistence of the tenancy of the aforesaid Raj Kumar late Issar Dass divided the entire property in four separate portions. The portion under the tenancy of aforesaid Raj K




























































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