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2023 Supreme(J&K) 277

RAJNESH OSWAL
Ghulam Mohammad Pall – Appellant
Versus
Financial Commr – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mian Tufail.
For the Respondent: Mr. M. Amin Khan.

JUDGMENT :

1. The petitioners are the sons whereas the respondent No.5 i.e. Mst. Azizi (now deceased) was the daughter of Mst. Rehti respectively. On 03.08.1980, the mutation bearing No.715 was attested after the demise of Mst. Rehti, who owned and possessed land in Village Narkara Budgam, in favour of the petitioners. It is stated that the abovementioned mutation was attested in favour of the petitioners with the consent of Mst. Azizi by the competent Revenue Officer in presence of Village Guard and other respectables of the village, more particularly the father of the petitioners and Mst. Azizi. The deceased-respondent No.5, after a period of more than three decades, assailed the mutation No.715 through the medium of an appeal before the respondent No.3. The petitioners claim to have questioned the jurisdiction of the respondent No.3 in entertaining the appeal in view of order No.536 of 1999. It is alleged by the petitioners that as the respondent No.3 was exerting pressure upon them to settle the issue with respondent No.5, the petitioners filed a transfer application before the respondent No.2 for transferring the appeal from the respondent No.3 to any other court of competent j

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