Hakim Imtiyaz Hussain
Baldev Raj – Appellant
Versus
Special Tribunal, J&K – Respondent
2. Brief facts relevant for the disposal of this petition are as under:
3. Petitioner Baldev Raj and respondent nos. 5 & 6 namely Dev Raj and Hem Raj, are brothers to each other being sons of one Devi Dass s/o Ghasitoo. Dispute between them is on a piece of land measuring 40 kanals and 19 marlas under Khasra No: 16 & 17 village Top Sherkhania, Tehsil Jammu which originally belonged to one Jodh Singh who expired in 30’s. Jodh Singh’s widow sold the land to Raja Ram Chand, Raja of Chenani who gave it to said Ghasitoo on cultivation. In the year 2007 svt. when Big Landed Estates Abolition Act, 1950 came into force, the land in dispute also came within the Act as Raja Ram Chand had more than 182 Kanals of land in his ownership. Raja Ram Chand made a selection, as required by the BLEA Act, but did not include the said land in his retainable unit. This land was, therefore, mutated in the name of Ghasitoo, grand father of the petitioner under section 5 of the said Act. The mutation was, however, challenged b
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