LAL SINGH Vs. SPECIAL TRIBUNAL, J&K

JUDGEMENT

(1.) THE petitioner has challenged the orders passed by the respondents 1 to 4 declaring the respondent No.5 head of the family after the death of his adopted father Teja Singh holding the petitioner entitled to the land allotted to deceased Teja Singh.

(2.) THE brief facts of the case are that under Cabinet Order No. 578 -C of 1954, deceased Teja Singh was allotted six acres of land situated in village Bandral, Tehsil Akhnoor. The decease Teja Singh is survived by four sons. The petitioner Lal Singh son of Teja Singh is included in the family of Teja Singh. After the death of Teja Singh, petitioner moved an application before the Tehsildar (Assistant Custodian), Akhnoor for his appointment as head of the family of the deceased father. During the course of proceedings, Bhajan Singh, respondent No.5 moved an application before the respondent No.4 - Tehsildar (Assistant Custodian), Akhnoor stating that he being the grand son of deceased Teja Singh has been adopted by the deceased. The petitioner has separated himself from the family of Teja Singh and has got his share of three acres of land separated from Teja Singh. He is not only adopted son of the deceased Teja Singh, but the deceased has also executed a Ëœwillâ„¢ in respect of the land in dispute in favour of respondent No.5.

(3.) THE respondent No.4 after examining the claims of both the petitioner and the respondent No.5 appointed respondent No.5 as head of the family under order dated 22.2.1983 holding that the petitioner has left the family of his father and living separately after getting his share of three acres of land. Deceased Teja Singh had included the respondent No.5 in his family by way of adoption and has also executed a Ëœwillâ„¢ in his favour and further directed that the remaining three acres of land will remain in possession of Bhajan Singh as an allottee. The order of respondent No. 4 was challenged by the petitioner in revision before the Custodian, Evacuse Property, JAMMU -respondent No.3, who uphold the order of the Tehsildar under his order dated 22.11.1984. Against this order, revision petition was filed by the petitioner before the Divisional Commissioner, who also uphold the order of the respondent No.3 under his order dated 30.11.1986. The petitioner further assailed the order of the respondent No.2 - Divisional Commissioner with powers of Deputy Custodian General, before the Single Member, J&K Special Tribunal, Jammu by means of revision petition which came to be dismissed on 21.11.1987 by the impugned order.