The court emphasized the importance of condoning delay in filing appeals and upheld the decision to set aside mutations based on fraud.

JUDGMENT :

1. The petitioner has challenged order dated 06.08.2022 passed by Commissioner Agrarian Reforms (Additional Deputy Commissioner), Budgam, whereby mutation No.1080 under Section 4 and mutation No.1108 under Section 8 of the Agrarian Reforms Act in respect of land measuring 13 kanals and 5 marlas comprised in Khasra No.212 and 226 of estate Budgam Batpora have been set aside.

2. The petitioner happens to be the husband of respondent No.2 whereas respondent Nos. 1 and 3 happen to be the sisters of respondent No.2. Respondent Nos. 1 to 3 happen to be the daughters of late Salam Dar, the erstwhile owner of the land measuring 13 kanals 5 marlas comprised in Khasra Nos.212 and 226 of estate Budgam Batpora.

3. The case set up by the petitioner is that mutation No.1080 dated 09.11.1984 under Section 4 of the Agrarian Reforms Act and mutation No.1108 dated 24.08.1985 under Section 8 of the Agrarian Reforms Act in respect of the aforesaid land were attested in his favour to the knowledge of the private respondents and their deceased mother. It is submitted that the private respondents never questioned these mutations and after 35 years, respondent No.1 laid challenge to the aforesaid mutations before the Commissioner Agrarian Reforms (Additional Deputy Commissioner) Budgam. It is claimed that during these years the petitioner has been in exclusive possession of the land in question and he has mortgaged the same to J&K Cooperative Bank Ltd. and has even sold 3 kanals of land out of the aforesaid land. It is contended that the learned Commissioner has, without giving any plausible reason for condoning the delay of 35 years in filing the appeal, passed the impugned order. It has been submitted that respondent No.1 in her application for condonation of delay, had taken contradictory stands before the learned Commissioner, inasmuch as at one place she has claimed that she got the knowledge of the impugned mutations when petitioner declared that he is the sole owner in possession of the property in question and at another place she has claimed that she came to know about the impugned mutations when she received a notice from the Court of District Judge, Budgam. It has been contended that the learned Commissioner has erred in upholding the challenge of respondent No.1 at an extremely belated stage when third party interests have been created in the property in question.

4. The writ petition has been contested by respondent No.1 by filing a reply thereto. In her reply, respondent No.1 has submitted that father-in-law of the petitioner and father of respondents No.1 to 3, Shri Salam Dar, had died in the year 1973 and he was survived by four daughters which includes respondent Nos.1 to 3 and one Saleema as well as their mother, Mst. Zoona. According to respondent No.1, these four daughters were minor at the time when their father died in the year 1973 and mutation of inheritance bearing No.891 dated 27.05.1975 was attested in favour of respondent No.1 and her sisters through their mother, Mst. Zoona, in equal shares, as a result of which respondent Nos.1 to 3 and Saleema along with widow Mst. Zoona became joint owners in possession of the land in question. It is further averred that respondent No.2 attained majority in the year 1982 and she entered into wedlock with the petitioner but because there was no male member in the family, as such, the petitioner started residing with respondents No.1 to 3. It is further averred that Mst. Zoona, mother of respondents No.1 to 3, contracted second marriage and sister Saleema died prior to her marriage. Respondent No.1 is stated to have attained majority in the year 1986 and both respondent No.1 and respondent No.3 are married now. According to respondent No.1, her mother, Mst. Zoona, is still alive and, as such, she was under the impression that after the demise of their mother, the estate will be partitioned but respondent No.2, the wife of the petitioner, all of a sudden made it public that respond