BADRI NATH Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved and has challenged order dtd. 13/5/2014 passed by the Financial Commissioner, J&K, Srinagar ["F.C"] in Files No. 330/FC-AP and 454/FC-AP titled "Badri Nath vs. Santosh Kumari and "Santosh Kumari vs Badri Nath" respectively.

(2.) Vide order dtd. 19/4/2005 passed by the District Magistrate, Anantnag disposing of an application filed by respondent No.7 herein titled "Santosh Kumari vs. Badri Nath", Tehsildar, Kulgam was directed to evict unauthorized occupant and take possession on his behalf of the land falling under Khasras No. 6, 13, 14, 15, 54, 55, and 59 situated at Kharwat ["the subject land"]. Feeling aggrieved, the petitioner herein filed an appeal before the F.C. While the F.C was seized of the said appeal, he received a Reference from the Settlement Commissioner, J&K, Srinagar ["Settlement Commissioner"] with the recommendation to set aside order dtd. 6/11/2014 passed by the Assistant Commissioner, Kulgam pertaining to the subject land. The genesis of entire dispute between the petitioner and respondent No.7 lies in the determination of a question, as to whether respondent No.7 is an adopted daughter of the deceased Anand Ram or not. An Adoption Deed executed by Anand Ram on 19/1/1967, declaring respondent No.7 to be her adopted daughter entitled to inherit his estate, was at the core of controversy raised before the F.C.

(3.) It may be noted that, vide mutation No. 15 dtd. 1/6/2001, the estate of Anand Ram has been attested in favour of respondent No.7 being his sole surviving heir (adopted daughter). In terms of mutation No. 9 dtd. 30/10/2001, the estate of Prabawati, the wife of brother of Anand Ram, namely, Madhav Ram is devolved upon the petitioner neglecting the claim of respondent No.7 on the ground that she had failed to produce any documentary evidence to demonstrate that she was also an adopted daughter of Prabawati. Both the aforesaid mutations were subject matter of challenge before the Settlement Commissioner who had made a Reference to the F.C. which was disposed of vide order impugned.