1. Petitioner along with his two brother (Respondents 2and 3 herein) filed appeal, against the order of Niab Tehsildar Kishtwar and Tehsildar Kishtwar, passed in mutation no. 987 dt. 5.8.88 and mutation no. 1378 dt. 19.11.1990, attested under sections 4 and 8 of Agrarian Reform Act 1976 respectively, with regard to land measuring 16 marlas under Kh. No.424/1 situated in village Matta Tehsil and District Kishtwar, before Court below.

2. This appeal was filed before court below on the grounds, that mutations have been attested in exparte. That he was at Jammu in connection with his job for the last 20-28 years. That respondent taking the advantage of the fact, got mutation attested in his favour and has also constructed shops on the land. That land in question was in his personal cultivation in Kharief 1971, but in the year 1981, the patwari manipulated the entries on the name of respondent. That as per Agr. Ref. Act, if the tenant is out of possession of land in kharief 1971, then he has no right on the land in term of section 4 and 8 of the Act. That before changing the entries in revenue records, the mutating Officer is obliged to call owners of land.

3. The Court below after hearin

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