AZIZ WANI Vs. DIRECTOR CONSOLIDATION

JUDGEMENT

(1.) THIS is an application for a writ of certiorari by quashing the order of the Director of Consolidation Srinagar, Respondent No. 1, dated 29 -5 -1967, upholding in Revision the orders of his subordinate courts. The initial order is dated 20 -7 -65, made by the Consolidation Officer, and the second by the Settlement Officer, as the appellate court, dated 6 -7 -1968.

(2.) THE impugned orders were made under the provisions of Jammu and Kashmir, Consolidation of Holding Act, 1960 referred to hereafter as the Act in a litigation between the petitioner, Aziz Wani on one hand, and Mohada, father of Respondents 2 to 5 on the other. Mehada, died during the pendency of the appeal. The petitioner claims to be the natural son of Mohd. Wani born in lawful wedlock after six months of the marriage of his parents. He had a sister, Mst. Shah Bibi, born of the same parents. She was married to Mehda Wani the father of Respondents 2 to 5, and his father, Qadir Wani was the brother of the petitioners father, Mohamad Wani.

(3.) THE present dispute relates to the Estate of Mst. Shah Bibi. According to the petitioner, a dispute had arisen between him, and his sister, Mst. Shah Bibi, after the death of their common father, Mohd. Wani. A compromise was effected in 1993 B. K. in the court of Wazir Wazarat Baramulla. Mehada acted in that compromise as attorney for his wife, Mst. Shah Bibi. Under the terms of the compromise, one -half of the estate of Mohd. Wani was to remain with the petitioner, and for the remaining half it was stipulated that Mst. Shah Bibi would hold it for life alone, and that on her death, the same would revert to the petitioner, if she left no issue of her own. She died issuless nearly 20 years back, when the petitioner came in possession of her estate and has continued in possession of the same to the exclusion of Respondents 2 to 5, and their father for over 15 years. They have had no concern with her estate whatsoever.