1. Claiming to be the legal heirs of one Resham Bibi who had been allotted land measuring fourteen kanals and five marlas comprised in Survey No.1440 of Village Dara Dullian, Poonch, the petitioners have filed this writ petition questioning Noor Hussain-respondent No.1s right to the restoration of seven kanals of land out of the aforesaid land allotted to Mst. Resham Bibi.

2. Petitioners short submission as projected by their counsel Mr. P.N.Bhat is that the authorities under the Jammu and Kashmir State Evacuees (Administration of Property) Act, Svt. 2006 had erred in omitting to consider the effect of the first proviso appended to Section 14 of the Act, on respondent No.1s application seeking restoration of property, which application had not been supported by the requisite CERTIFICATE from the Government to the effect that Evacuee Property be so restored to the respondents.

3. Mr. G.R.Asghar, learned counsel appearing for respondent No.1 Noor Hussain, while supporting the orders of the sub-ordinate officers and the Jammu and Kashmir Special Tribunal urged that petitioners plea was technical in nature and having been raised for the first time before the Jammu and Kashmir Special Tribunal did not warrant any consideration.

4. I have considered the submissions of learned counsel for the parties and perused the records of the case.

5. Facts necessary for the disposal of this writ petition may, in brief, be stated thus:--

6. Noor Hussain, respondent No.1 had moved an application before Tehsildar Haveli, seeking restoration of land which was stated to be in possession of one Mst. Resham Bibi, the predecessor-in-interest of the petitioners. The case set up by respondent No.1 in his application was that he had migrated to Pakistan and had returned therefrom in the year 1960. Whereas he had got rest of his property back, but the property of his uncles, the evacuees, had not been restored to him.

7. This application of respondent No.1 was opposed by the predecessor-in-interest of the petitioners inter alia on the ground that Noor Hussain had no right in the property who was already in possession of the property which had fallen to his share on private partition of the estate, AND that after having returned from Pakistan, he had not obtained requisite CERTIFICATE from the Government for his settlement in the State.

8. Noor Hussains case was accepted by Tehsildar Haveli to the extent of restoring him seven kanals of land out of fourteen kanals and five marlas vide his Order dated 30th of December, 1982. Revision preferred against this Order before Custodian General by Resham Bibi failed and she questioned both the orders before the Jammu and Kashmir Special Tribunal which vide its Order dated 21st of May, 1991 set aside the orders and remanded the case to Assistant Custodian for a fresh decision in the matter after hearing the parties.

9. Tehsildar Assistant Custodian re-examined the question and held Noor Hussain, respondent No.1 entitled to the whole of land comprised in Khasra No. 1440 vide his Order dated 5-11-1993. Resham Bibi appealed against the order before Additional Custodian, Poonch who vide his Order dated 28th of July, 1997, restored order dated 30th of December, 1982 of Tehsildar Haveli by directing restoration of only seven kanals of land to Noor Hussain, respondent No.1.

10. Resham Bibi assailed this Order of 28th of July, 1997 of the Additional Custodian before the Jammu and Kashmir Special Tribunal, Jammu.

11. The Jammu and Kashmir Special Tribunal, Jammu, rejected the revision petition of Resham Bibi holding that being a heir of the co-sharers, Noor Hussain was entitled to seven kanals of land and Resham Bibi was entitled to retain only seven kanals and five marlas out of fourteen kanals and five marlas of land which was in her possession. The Tribunal, did not accept Resham Bibis plea that respondent No.1, Noor Hussain was not entitled to restoration in the absence of the certificate of the Government in terms of the first pro

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