BALBIR KOUR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) - The petitioner is the real sister of the private respondents. Their father late S. Makhan Singh was allotted land in terms of Cabinet Order No. 578-C of 1954 dated 7-5-1954. The Tehsildar, Kathua, vide his order dated 19-10-66, attested mutation No. 291- of village Tariara Tehsil Kathua under No. 254-C in his favour. After the death of S. Makhan Singh, his estate was transferred in favour of the private respondents vide mutation No. 428 of village Tariara Tehsil Kathua.

(2.) Since the petitioner was excluded from inheritance, she challenged the order of mutation in Revision before the Financial Commissioner, who dismissed the same on 12-3-91. A review petition was also dismissed by him on 25-7-92.

(3.) This petition has been moved for quashing the orders of the Financial Commissioner and the Divisional Commissioner on the ground that the petitioner's father was granted ownership rights under Government order No. 254-C of 1965 and, therefore, the property is to be inherited under the Hindu Succession Act and not in terms of Para 15-B (2) of Cabinet Order No. 578-C of 1954.