1. This revision petition is directed against the order dated 7.1.2006 passed by Additional Deputy Commissioner (with powers of Commissioner Agrarian Reforms) Rajouri in an appeal filed before him by Ab. Kareem, Mohd Hussain and Mohd Sharief sons of Ab. Aziz challenging the attestation of mutations under Sections 4 and 8 of the Agrarian Reforms Act (hereinafter the `Act') attested by Assistant Commissioner Revenue Rajouri in favour of petitioners herein.

2. This case has a chequred history of about 62 years. The synopsis of case culminating into filing of this revision petition, as disclosed from the impugned order and mutation NO:1875 dated 16.7.1999 attested by Tehsildar Rajouri are as under:-

Land falling under No: Khasra 335 and 335/1 situated in village Rampur Rajouri alongwith other land belonged to Ab. Aziz s/o Kala and Gani s/o Gwasha in equal shares and was in their possession. In 1947, when partition of country took place, communal riots followed at large scale in which thousands of citizens lost their lives. This set in motion en mass migration across the border of the two countries i.e. India and Pakistan.

3. Gani named above crossed the border and went to Pakistan. Ab. Aziz however, took shelter with his relatives in Darhal village, 20 Kms. away from Rajouri. During his absence, Abdul Majid s/o Ab. Aziz Kashmiri, an employee of Panchayat Deptt., manipulated allotment of land in question belonging to Gani and Ab. Aziz in his favour and remaining land was also occupied by different persons, who also succeeded in obtaining allotment order under Evacuee Property Act.

4. After a long time when peace prevailed, Abdul Aziz came back to Rajouri and was astonished to see that his land as well as that of his co-owner Gani was occupied by Ab. Majid Kashmiri and others. He knocked the doors of different revenue authorities for restoration of land but no body paid any attention.

5. Ultimately he filed a civil suit in the court of Ld. Sub-Judge Rajouri for possession of his land from Ab. Majid Kashmiri, Ab. Gani s/o Abdullah, Gh. Mohd s/o Khazra, Gh. Rsool s/o Faquir Joo, Mohda s/o Alia and Ab. Aziz s/o Hassa, who had illegally occupied his land falling under number Khasra 140,335,335 min, 340,346,249 and 235. The Ld. Sub-Judge passed a decree on 7.2.1958 in favour of Ab. Aziz for possession of land by declaring the above named persons as tress passers.

6. Ab. Aziz failed to reap the fruits of decree for the reasons stated in para 3 of the impugned order and finally he approached Assistant Custodian Rajouri who by an order dated 29.9.1981 directed the restoration of land to him and declared the share of ex-owners Gani s/o Gwasha as evacuee land and regularized the allotment of Ab. Majid s/o Ab. Aziz Kashmiri as an allottee.

7. The order of Assistant Custodian Rajouri was challenged by the opposite parties by filing an appeal before Deputy Custodian( Additional Custodian) Rajouri which was rejected on 9.8.1982. 2nd appeal was filed before Deputy Custodian Jammu, which was also dismissed. By that time owner Ab. Aziz had died, so Deputy Custodian directed Assistant Custodian to restore possession of land to son of Ab. Aziz namely Abdul Karim.

8. However, possession was not restored to Abdul Kareem. Instead under Section 4 of the Act land under number Khasra 335 and 335/1 was vested in the State by mutation No:758 and finally by mutation No:872 ownership rights were conferred under Section 8 of the Act upon Ab. Gani s/o Abdulla, the father of petitioner 1 to 5, Bashir Ahmed s/o Mohd Din and petitioners 6 to 8, herein. These two mutations were challenged by Abdul Kareem by filing appeal before Additional Deputy Commissioner (with powers of Joint Commissioner Agrarian) Rajouri, who allowed the same on 27.7.1998 and set aside them and remanded the case to Tehsildar Rajoui for fresh inquiry with respect to determination of the question as to whether the land in question is an evacuee property or not. He observed that in case land is evacuee la

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