ZAINA Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS writ petition arises in the following circumstances :

(2.) THE petitioner as well as respondents 3 to 5 are the daughters of one Razak Hajam, and respondent No. 2 is the only son of Razak Hajam. On the death of Razak Hajam mutation of his estate was attested by Naib Tehsildar Anantnag on 21.6.1970. This mutation is mutation No. 351 of Village Wy -Bandora. Mst. Aisha the wide ward Mst Azizi the daughter of Razak Hajam, the same was mutated in the name of respondent No. 2 and the petitioner and respondents 3 & 4 according to personal law of the parties: respondent No. 2 getting the double share as against the petitioner and respondents 3 & 4. This mutation was attested in presence of the petitioner and respondents 2 to 5. Subsequently respondent No. 2 challenged the mutation in revision before respondent No. 1.This revision was filed sometime in 1974. The main ground urged in the revision was that as the parties were governed by custom and not by their personal. Law, the mutation needed to be set aside. The financial Commissioner i.e respondent No.1 here in accepted the revision petition and remanded the case back to the Tehsildar for fresh orders in accordance with law. This revision was accepted by respondent No. 1 on 28.9.1974. It is this order which has been assailed in this court.

(3.) THE main grounds taken in the writ petition are that the mutation order challenged before the Financial Commissioner was an agreed order and in accordance with personal law of the parties. As such the Financial Commissioner had no jurisdiction to overset the same on the ground that the parties were governed by custom, and the revision petition filed before the Financial Commissioner was hopelessly time barred as such the order of the Financial Commissioner was without jurisdiction. The respondents after seeking a number of opportunities failed to file their returns and the court vide its order dated 22 -10 -1977 was constrained to close their right to file returns and post the case for arguments. The result is that this writ petition is being heard in, the absence of objections from the other side.