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2015 Supreme(J&K) 597

N.PAUL VASANTHAKUMAR, BANSI LAL BHAT
Gh. Ud-Din Bhat & Ors. – Appellant
Versus
Minister for Auqaf Affairs, J&K Jammu & Ors. – Respondent


Advocates:
For the Appellant(s)/Petitioner(s):Mr. Z.A. Shah, Sr. Advocate with Mr. A. Hanan, Advocate.
For the Respondent(s):Mr. Shiekh Manzoor, Dy. A.G & Mr. P.S. Ahmad, Advocate.

JUDGMENT

N. Paul Vasanthakumar, CJ.

1. This appeal is filed against the order dated 22.11.1982 made in OWP No. 698/1982 wherein the appellants had challenged the order passed by the Special officer Auqaf, which was confirmed by the 1st respondent, the appellate authority.

2. The case of the appellants before the learned Single Judge was that they were given tenancy by the lessee of the land measuring 14 kanal and 18 marlas comprising of survey Nos. 325,328 and 330, which land was owned by one Issa Shah. The said Issa Shah created a lease in favour of one Samad Ghulam by executing a lease deed on 28th Baisakh 1997 Smvt (roughly in May 1940 AD) Said Samad Ghulam, in whose favour the lease was created, before going to Haj, created a wakf of the above land in favour of the 3rd respondent-Jamia Masjid. According to the appellants, they all were in possession of the land through Samad Ghulam from the year 1960. The revenue records were also reflecting the same, stating that appellants are in possession through Samad Ghulam. It was the contention of the appellants that once entries were recorded by the Consolidation authorities and the same having not been challenged, their possessory right


















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