Respondent No. 1 on the one hand had to migrate due to turmoil the valley is going through and on the other he is deprived of his proprietary rights by Naib Tehsildar Buchhwara by sheer stroke of his pen without hearing him, obviously, the old adage `misfortunes never come alone is aptly attracted traceable to order of mutation dated 28-06-1992 passed against a dead person namely Pandit Prem Nath Jalali favoring another dead person namely Sidiq Bhat one of the beneficiaries of the mutation. Being aggrieved, the order came to be challenged before the Financial Commissioner which was resisted on the ground of being barred by limitation but the objection could not sustain, consequently turned down by order dated 13-08-2003. It is the said order which is impugned by medium of this writ petition contending that appeal has to abate, for, some of the tenants were dead on the date of institution of appeal. To bring home the point, the learned counsel for the petitioner has relied upon the judicial decisions, relevant paras thereof are extracted here under:

Band of Commerce Ltd. Khulna versus Protap Chandra (AIR (33) 1946 Federal Court 15).

".The proper test to be applied in dealing with such

Click Here to Read the rest of this document