V.K.BIST
JIA-UL-HAQ – Appellant
Versus
WALIDIN – Respondent
Hon’ble V.K. Bist, J.
Present petition has been filed by the petitioners for quashing the judgment & orders dated 03.01.2008 & 07.05.2008 passed by the Commissioner, Garhwal Division, Camp Dehradun and the Additional Chief Revenue Commissioner, Uttarakhand, Dehradun respectively.
2. Facts of the case, in brief, are that Shri Abdul Haq, son of Imamudin was the owner in possession of the property in dispute, bearing Khevat No. 6 Bharuwala, Pargana Kendriya Doon, Tehsil and District Dehradun. Shri Abdul Haq had two issues i.e. son Anwar-Ul-Haq and daughter Mrs. Allaha De. Anwar-Ul-Haq had two sons, namely, Jia-Ul-Haq and Rizwan-Ul-Haq. Rizwan-Ul-Haq had four sons, namely, Shakir, Atir, Nasir and Sahid, whereas Mrs. Allaha De has two sons, namely, Mohd. Ahmad and Dilshad. After the death of Abdul Haq, name of his son Anwar-Ul-Haq and daughter Mrs. Allaha De were recorded in the revenue record. Anwar-Ul-Haq died in the year 1973, leaving behind two sons, namely, Jia-Ul-Haq and Rizwan-Ul-Haq, hence, as per Muslim Law his share would be succeeded/inherited by Jia-Ul-Haq, the petitioner no. 1 and Rizwan-Ul-Haq. Rizwan-Ul-Haq also expired on 01.07.1995, leaving behind his four
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