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2002 Supreme(J&K) 299

SYED BASHIR-UD-DIN
Ab. Rehman Najar – Appellant
Versus
Financial Commissioner – Respondent


Advocates Appeared:
Advocate For Appellant: G.H. Masoodi
Advocate For Respondent: Z.A. Qureshi
Advocate For Respondent: G.M. Shawal

1. Petitioner and respondents 3 to 7 are brothers. Petitioners mother is the first wife of Abdul Sattar Najar, on whose death his father contracted second marriage and out of wedlock respondents 3 to 7 are born. Petitioner claims that respondents 3 to 7 got the entire property of the father, though, they gifted land measuring 3 Kanals and 10 marlas under Khasra Nos. 4176/2855, 742, 743, 744 and 746 situated in Estate Anchar Tehsil Srinagar to petitioner. On the basis of this oral gift mutation, No. 2555 was entered and ordered in favour of petitioner in revenue records. However his brothers the respondents filed a revision petition before Divisional Commissioner (respondent No. 2) who while accepting petitioner-respondents case referred it for orders to Financial Commissioner (respondent who No. 1) who vide order dated 29.9.98 accepted the revision petition and set aside the mutation. Against the order petitioner filed a review before respondent No.1 which too was rejected on 29.9.98. Both the orders in revision and review are challenged in the petition on the ground that the revision petition was barred by time and yet it was allowed. The oral gift under Muslim Personal Law is val







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