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2009 Supreme(J&K) 607

A.K.Shan
Mohd Younis – Appellant
Versus
Mohd Hussain – Respondent


Advocates Appeared:
Nemo, Haji Ab. Majid.

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. Az






































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