Dhiraj Singh Thakur, J.

1. This Letters Patent Appeal has been preferred against the judgment and order dated 6.9.2002 passed in writ petition being OWP No. 612/2002 whereby the petition filed by the appellant-petitioner has been dismissed.

2. With a view to understand the controversy in its correct perspective, it is, however, necessary to give in brief a few material facts:

3. Vide mutation No. 936, dated 28.7.1981, the Tehsildar, Banihal ordered correction of Girdawari (Sehat kashat) in favour of one Habib Ullah, father of the petitioner/appellant herein, in respect of land measuring 1 maria under Khasra No. 66 and 1 maria under Khasra No. 1088/67 min situated at Ramsoo Tehsil Banihal

4. As a necessary consequence: of the mutation No. 936 (supra), another mutation No. 1077 was attested in respect of the same land under Section 6 of the Jammu and Kashmir Agrarian Reforms Act, 1976 (for short, Act of 1976) and finally vide mutation No. 1078, father of the appellant (Habib Ullah) was declared as absolute owner of the land under Section 8 of the Act of 1976.

5. Aggrieved of the mutation No. 936, an appeal was preferred before the Joint Agrarian Reforms Commissioner, Jammu after