1. The petitioners challenge the order-dated 7.1.97 passed by the Financial Commissioner. Jammu whereby revision against the order of the Divisional Commissioner dated 9.8.95 was allotted and order dated 3.4.91 passed on Mutation No. 125 of village Pokharni Tehsil Nowshera passed by the Assistant Commissioner(s) was set aside. The petitioners it appears claimed ownership on the basis of document of sale dated 19 har 1983 BK executed by the owners in favour of the petitioners. But the Assistant Commissioner (R) Rajouri vide order dated 20.11.77 on Mutation No. 113 held them occupancy tenants of land measuring 229 kanals 18 marlas comprising kh. no. 125, 47, 48, 48-min, 49, 50, 53, 55, 56, 57, 58 and 58-min situated in village Pukharni Tehsil Nowshera. This order was challenged by them in revision before the Divisional Commissioner on the plea that they were owners and not occupancy tenants as found by the Assistant Commissioner. They also pleaded that although mutation of ownership was also recorded in their favour but because of partition, record of the village is not available because this village fell in Tehsil Kotli which is now in occupation of Pakistan. The Divisional Commiss

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