ABDUL REHMAN MIR Vs. RIFAT ARA

JUDGEMENT

(1.) In terms of order dated 16th May 1989, the Id Principal District Judge Anantnag, appointed Mst. Hafiza widow of Mohammad Ayoub Mir as guardian for person of Ms. Rifat Jan and Ab. Rehman Mir as guardian for property of minor (Ms. Rifat Jan) under The Guardian and Wards Act, 1890 (for short Act of 1890). When Ms. Rifat Jan became major she filed an application seeking release of the property which was entrusted to the guardian Ab. Rehman Mir. The Id District Judge Anantnag, passed order on 29th March 2008, operative part whereof is reproduced as under:

(2.) It is submitted at bar by Id. counsel for Petitioner, that dispute was raised by co-sharers about the identification of the property possession whereof was to be delivered to Ms. Rifat Jan. It is also submitted at bar that enquiry was initiated by Id Principal District Judge and present Petitioner who was guardian of the property of minor was directed to lead evidence in rebuttal to the evidence lead by Respondent. The Id District Judge, it is submitted, however, passed the order on 03.02.2011 which is impugned in this petition.

(3.) Ld counsel for Petitioner submitted that dispute has arisen amongst the co-sharers in respect of survey No. 645 and 637. Ld counsel further submitted that a case is already pending in respect of survey No. 645 before Joint Agrarian Reforms Commissioner Anantnag. Ld counsel submitted that unless the dispute so raised is settled the possession of the property could not be delivered.