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2015 Supreme(J&K) 232

MUZAFFAR HUSSAIN ATTAR
Abdul Aziz Hafiz and others – Appellant
Versus
State of JK and others – Respondent


Advocates:
For the Petitioner:Mr. A. Andrabi, Advocate.
For the Respondent:Mr. M. A. Qayoom, Advocate.

JUDGMENT :

1. One Mst. Rahti, Estate Holder, was married to Wali Mohammad Hafiz who contracted 2nd Marriage with Mst. Fazi. Mst. Rahti begot two daughters and one son namely Mst. Fazi, Mst. Azizi and Ali Mohammad to Wali Mohammad Hafiz, her husband.

2. The 2nd wife Mst. Fazi begot Abdul Aziz, Abdul Rashid, Mohammad Shafi and Mohammad Latief to Wali Mohammad Hafiz.

3. Mst. Fazi is respondent No. 4 in this writ petition and children of Wali Mohammad Hafiz by Mst. Fazi are petitioners in this writ petition. Mst. Azizi and Ali Mohammad died issueless. The Property of Mst. Rahti was mutated in the name of Ali Mohammad Hafiz the real brother of respondent No. 4 and in terms of order on mutation No. 134, the Estate of Ali Mohammad S/o Rahti and brother of respondent No. 4 was mutated in favour of respondent No. 4 and she was given one share excepting Khewat No. 114 and rest of the Estate was mutated in the name of present petitioners. This Mutation order was challenged in Appeal which was dismissed by the Appellate Authority which constrained the respondent No. 4 to challenge the same in Revision petition before the Settlement Commissioner. Settlement Commissioner made three references to F

















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