RADHA DEVI Vs. UT OF JAMMU & KASHMIR

JUDGEMENT

(1.) Petitioner through the medium of instant writ petition seek the following reliefs:-

(2.) The facts giving rise to the filing of the instant petition are that the maternal grandfather of the petitioner, namely, Shokan Singh alongwith his brother, namely, Gandhrav Singh and Dhammu Singh were in joint possession of the land measuring 77 Kanals, out of 153 Kanals and 19 Marlas in Khewat No. 11 Khasra Nos. 33 to 37, Khasra Nos. 54, 58, 78, 79 and 80 situated at village Satah Tehsil and District Samba during their lifetimes. Thereafter, on demise of Shokan Singh, his share was inherited by his daughter, namely, Rukmani Devi under the Hindu succession Act. The total land out of Khasra numbers, which came to the share of Rukmani Devi was 25 Kanals and 13 Marlas situated at Village Sateh Tehsil and District Samba.

(3.) Learned counsel for the petitioner while arguing the matter in vehemence has placed reliance upon Sec. 105 of the Land Revenue Act, which provides for filing of an application for partition. For facility of reference, Sec. 105 of the Land Revenue Act is reproduced hereunder:-