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2013 Supreme(J&K) 761

M.M.KUMAR, TASHI RABSTAN
Chaman Lal – Appellant
Versus
Ram Lal – Respondent


For the Appellant :Ved Raj Wazir, Sr. Advocate and Abhishek Wazir, Advocates
For the Respondents:O.P. Thakur, Advocate

JUDGMENT

Tashi Rabstan, J.-

1. By the medium of this appeal, writ petitioner-appellant has assailed the judgment of the learned Single Judge dated 17.12.1999 passed in OWP No. 253/1997, titled as Chaman Lal v. Ram Lal and others (for short, impugned judgment), whereby and whereunder the learned Single judge has dismissed the writ petition being without any merit upholding the judgment and order dated 14.03.1997 passed by the J&K Special Tribunal, Jammu (for short, Tribunal). Learned Tribunal while allowing the Revision Petition filed by respondents 1 to 3 herein held that the property of deceased Sheetal Dass, i.e., land measuring 69 kanals and 2 marlas comprised under Khasra Nos. 2,35,48,55 and 56, situated in village Saloone, Tehsil and District Reasi, would devolve upon said respondents by operation of provisions of Agrarian Reforms Act as also in terms of the last Will executed by late Sheetal Dass. It is relevant to notice the resume of the facts as emerge from the impugned judgment and the pleadings of the parties.

2. Sheetal Dass was the real maternal uncle (Mama) of Sh. Sansar Chand, and respondents 1 to 3 herein are the sons of Sansar Chand. The writ petitioner-appellant here


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