This appeal arises from the judgment and order of learned Single Judge dated 24.11.2004 passed in OWP No. 168/2001 by virtue of which the writ petition preferred by the appellant was dismissed.

2. Petitioner approached the writ court seeking a direction to quash the order of respondent No. 1 ( J&K Special Tribunal, Jammu ) dated 05.03.2001 by which the restoration order dated 02.02.1980 passed by the Custodian and order dated 16.02.1995 passed by Custodian General affirming the order of Custodian under section 8 of the Evacuees (Administration of Property) Act, have been set aside.

3. The dispute pertains to the devolution of the right of non-occupancy tenancy held by Jumma on the appellant-daughter on the death of the deceased- tenant who was killed in the disturbances of 1947.

4. The case of the appellant is that her father, Jumma was in cultivating possession of the State land aggregating 54 Kanals and 5 Marlas comprising survey Nos.683 and 696 located at village Maheen Sarkar, Tehsil Samba, District Jammu as non occupancy tenant prior to 1947. Jumma was killed at Miran Sahib in 1947. The land in issue came in cultivating possession of Behari Lal, predecessor- in-