The Jammu Kashmir and Ladakh High Court passed a judgement on the 23rd of November, 2022 in which the petition was allowed and the impugned judgment was quashed. This was seen in the case of Bodh Raj and Others vs J&K Special Tribunal And Others (OWP No. 879/2003). The case was presided over by The Honourable Mr Justice Sanjeev Kumar
FACTS OF THE CASE:
This is the land dispute case filed by the petitioner. It is submitted that the subject land remained under the tenancy of the father of the petitioners till his death and after his demise, the petitioners stepped into his father’s shoes and became the tenants in cultivating possession of the land. It is the allegation of the petitioners that respondents manipulated a fraudulent document purported to have been executed by the father of the petitioners during his lifetime. As per the said document, the father of the petitioners allegedly surrendered possession of the subject land in favour of the respondents. The stand of the private respondents is that the relinquishment of tenancy by late Budha was voluntary and prior to kharief and, therefore, Budha could not have been conferred the rights of a prospective owner.
After reviewing all the facts and the circumstances the court arrived at a conclusion that the ends of justice would meet by allowing this petition and remanding the matter back to Tehsildar, Hiranagar to look into all the aspects and attest the mutation afresh. Accordingly, this petition was allowed. Orders impugned were quashed
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JUDGEMENT REVIEWED BY KRITI GUPTA