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2009 Supreme(J&K) 611

A.K.Shan
Choudhary Bhutto – Appellant
Versus
Raj Kumar Bhagat – Respondent


Advocates Appeared:
Danish Bhat, Narinder Kumar, B.R. Kundal.

1. The present case is an example of perversity of order passed from time to time by the concerned Revenue Officer, by mis-interpretation and mis-application of relevant provisions of law.

2. The facts of the case as unfolded from the record are as under:-

Land falling under number Khasra 130 measuring 29 kanals 11 marlas situated in village Narwal Bala Jammu was owned by Krishan Dutt and Ors. The land was being cultivated by Phama Gujjar as occupancy tenant prior to Kharif 1971 and even in Kharif 1971. The entries in this regard have been made in the Khasra Girdawari and Jamabandi. Petitioner, Bashir Ahmed Butto and Ahmed Din are sons of Phama Gujjar. Respondent Ahmed Din is residing in village Narwal Balla Jammu whereas his other two brothers are residing in Gujjar Nagar Jammu.

3. After coming into force of the Agrarian Reforms Act 1976 (hereinafter the `Act') mutation No:320 under Section 4 of the Act dated 29.10.1979 was attested by Tehsildar (Settlement) Jammu and on 30.10.1979 mutation No:322 under Section 8 of the Act was attested by the same Revenue Officer, by declaring Phama Gujjar as absolute owner of the land in question.

4. On 15.1.1998 Tehsildar(Settlement) Jammu attested























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