RAJNESH OSWAL
Gh. Nabi Sheikh – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
RAJNESH OSWAL, J.
1. The subject matter of the dispute between the petitioners and the private respondent is the estate of Aziz Sheikh, who died in the year 1985. The said Aziz Sheikh was survived by his wife, son and daughter who are the petitioner Nos. 1, 2 and respondent No. 3 respectively. After his demise, a mutation bearing No. 305 was attested on 28.08.1989 with regard to the estate of deceased in favour of petitioner number 1 and 2 in the ratio of 2:1. Thereafter, the petitioner No. 2 executed two registered gift deeds in favour of respondent No. 3 and 4 respectively. The gift deed for land measuring 2 Kanal-10 marlas comprising survey No. 235 was executed in favour of petitioner No. 3, pursuant to which mutation bearing No. 50 was attested on 22/06/2005 and another gift deed for land measuring 2 Kanal-9½ half marlas comprising survey No. 235, 239 and 251, was executed in favour of petitioner No. 4, pursuant to which mutation No. 53 was attested in favour of petitioner No. 4. The respondent No. 3 and 4 are the sons of the petitioner No. 1 and grandsons of the petitioner No. 2.
2. The mutations bearing numbers 305, 50 and 53 were assailed by the daughter of the petit
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