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2011 Supreme(J&K) 699

J.P.Singh
Mohd. Younis – Appellant
Versus
J&K Special Tribunal – Respondent


Advocates Appeared:
M.R. Qureshi, Z.A. Mughal, A.H. Qazi, S.A. Salaria, M.U. Salaria.

1. The facts giving rise to the filing of this Petition may be stated thus:-

The petitioners' predecessor-in-interest occupied land comprised in Field Survey No. 61, when, due to disturbances in the State of Jammu and Kashmir, the owners abandoned it. One of the co-owners, Ghani, Son of Gosha, migrated to Pakistan Occupied Area of the State whereas Abdul Aziz, the predecessor-in-interest of respondents, shifted his residence to Darhal-Rajouri. Abdul Aziz later claimed possession of the land others in the Court of Sub-Judge, Rajouri. It was decreed in the year 1958 holding the petitioners' predecessors as unauthorized occupants of the land.

2. The respondents, however, could not secure possession of the land despite Judgment by the Civil Court. They filed Application under Section 8 of the Evacuee's Administration of Property Act which was allowed on 29.09.1981 directing restoration of possession of respondents' share in land comprised in Survey Nos. 140, 335, 335/1, 340, 346, 349 and 253. Declaring share of Ghani Son of Gosha as Evacuee Property, the predecessor-in-interest of respondent Nos. 1 & 2 was permitted to retain the land as its allottee.

3. The possession of the land was sti

























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