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2011 Supreme(J&K) 389

FAKKIR MOHAMED IBRAHIM KALIFULLA, VIRENDER SINGH
Ahad Sheikh – Appellant
Versus
Murad Ahmad Shah & Ors. – Respondent


Advocates Appeared:
Mr. A.H. Kakru, Advocate for the Appellant.
Mr. S.T. Hussain, Sr. Advocate for the Respondents.

F.M. Ibrahim Kalifulla, ACJ.;—

1. The respondent in the writ petition is the appellant. The challenge is to the order of the learned Single Judge, dated 26-11-2009 passed in WP no. 448/1999.

2. The issue pertains to the right of ownership of the parties herein pertaining to the land measuring 8 kanal and 14 Maria under survey nos. 501/min, 310/min, 1109/min, 1110, 1679, 1670, 1671 and 3047 min situated in village Kunich Tehsil Bandipora. The said land originally belonged to one Ahmad Mir, who died intestate leaving behind two wives and an adopted son namely the appellant herein. The names of both the wives are the same, namely, Taja. It is common ground that appellant was adopted by late Ahmad Mir as his son. The said Ahmad Mir died on 29-01-1976. After his death the appellant and the two widows equally shared the properties left by late Ahmad Mir by mutual consent. Subsequently, one of the wives died and after her death the appellant and the other widow shared the properties left behind by the deceased widow in equal shares again by mutual consent which was mutated by mutation dated 04-06-1984. Subsequently the 2nd widow also died in the year 1996. After her death her share of prope



















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