MOHD. MAQBOOL BHAT Vs. RAFIQA AND ORS.

JUDGEMENT

(1.) Challenge is to orders of Joint Financial Commissioner (AR) dated 20th Aug. 2009, whereby revision petitions, titled Mst. Rafiqa Vs. Mohd. Maqbool Bhat (File No. 390/Jt.FC/App) and Mst. Rafiqa Vs. Mohd. Maqbool Bhat and others (File No. 391/Jt.FC/App) , have been accepted and mutation order no. 587 dated 21st Jan. 1989 and mutation order no. 2453, dated 2nd July 1996, set-aside, and matter remanded to Tehsildar, Ganderbal, for fresh orders. Petitioner also calls in question order dated 9th June 2010, passed by J&K Special Tribunal in appeal titled Muhammad Maqbool Bhat Vs. Mst. Rafiqa , whereby appeal against order of Joint Financial Commissioner (AR) has been held not maintainable.

(2.) I have gone through pleadings as also record available on record, and have heard learned counsel for parties.

(3.) From perusal of record, it transpires that Sultan Bhat son of Nabir Bhat resident of Chaundina Tehsil Ganderbal, passed away, sometime before dispute regarding his estate cropped up, leaving behind a son and six daughters. Petitioner is son of deceased and respondents 1 to 6 are his daughters. Sometime after demise of Sultan Bhat, mutation in respect of his estate at Tulmulla was attested vide mutation order no. 587 dated 21st Jan. 1989 in favour of petitioner on the basis of oral gift, to the exclusion of respondents 1 to 6. Similarly, mutation in respect of estate left by deceased at village Shala Bugh was attested vide mutation order no. 2453 dated 2nd July 1996, in favour of petitioner on similar grounds and to the exclusion of respondents 1 to 6.