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2017 Supreme(J&K) 1002

Taja – Appellant
Versus
Financial Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M.A. Qayoom, Advocate
For the Respondents: M.A. Rathore, A.A.G.

JUDGMENT :

Tashi Rabstan, J.

1. Financial Commissioner, (Revenue), J & K, Srinagar-respondent No. 1 herein, passed an order dated 20th August 2008 on a Reference made by Settlement Commissioner regarding Revision Petition against the order of Naib Tehsildar passed on mutation No. 51, dated 7th April 1981 of village Sangrama and order of Sub-Divisional Magistrate Sopore dated 16th March 2004. It is this order of which petitioner is aggrieved at and seeks quashment thereof.

2. Petitioner is sister of Jabbar Malik son of Aziz Malik resident of Sangrama, Tehsil Sopore -- respondent No. 2 herein. According to petitioner respondent No. 2 is bent upon to deprive her of the property left behind by their father, Aziz Malik, who on his death was survived by petitioner, respondent No. 2 and Shahmali (wife). Aziz Malik has left behind landed property situated at village Sangrama Tehsil Sopore. Petitioner claims that at her back and without jurisdiction, Naib Tehsildar, Sangrama, vide mutation No. 51, transferred her share in favour of respondent No. 2. The moment she acquired knowledge in the year 2002, she filed an appeal against the mutation order before Collector, SDM, Sopore, along with an ap

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