1. This revision petition is directed against the order dated 10-9-07, passed by Sub Divisional Magistrate R.S. Pura, by virtue of which, the mutation no. 178 with regard to land situated at Kolti Merdian Tehsil R.S.Pura District Jammu has been set aside.

2. Petitioners have challenged the impugned order on the grounds that, they are in physical possession of land and court below has passed order beyond jurisdiction. That court below has not properly seen the record. That court below has exercised jurisdiction which was not vested to him.

3. From the perusal of record it appears that, respondent filed a complaint before Sub-Divisional Magistrate RS.Pura regarding non-providing of possession of land by Custodian Department Jammu in his favour. In the complaint it has been stated that he was allottee of land 4 kanals (kh.no.246/41), 3kanals 4 marals (kh.no.15 ) and 7 kananls 4 maralas ( kh.no.12) and this land was given to one Gian Singh s/o late Duni Chand R/o R/o Kolti Merdian Tehsil R.S.Pura District Jammu for cultivation on the condition that half of the share of crops produced shall be given to him. That said Gian Singh had died and now his sons have occupied the land forcibly and

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