IN THE HON’BLE COURT OF TEHSILADR HAVELI POONCH

Matter pertains to District Poonch

1. Mohd Shafiq
S/o Late Noor Din
R/O Village Kalaban Tehsil Haveli
Distt Poonch at present H No. 117 Dogra Hall Jammu.

…PETITIONER

VERSUS

1. Mohd Aslam
2. Mohd Hanief
3. Mohd Sharief
All S/o Late Noor Din
R/O Village Kalai Tehsil Haveli
Distt Poonch.
…RESPONDENTS

IN THE MATTER OF: -

Application u/s 105 of the Land
Revenue Act SVT 1996 seeking
partition of the joint property of
the petitioner and respondents
No 1 to 3 which has been
inherited by way of
devolution/succession under
Customary Law by meats and
bounds by passing a decree of
partition with a consequential
relief of permanently restraining
respondents from causing any
sort of interference in the
partitioned share of the
petitioner.

MAY IT PLEASE YOUR LORDSHIPS;

The petitioner most respectfully submit as under:-

1. That the petitioner is invoking

the jurisdiction if this Honble court seeking partition of
the un-partitioned property of Lt. Noor Din S/o Rusmat
R/o Kalai Tehsil Haveli Distt Poonch as was devolved on
 the petitioner and respondents by way of mutation of
inheritance recorded on 29-10-75 under mutation No.
400. The petitioner along with respondents succeeded
the estate of their father Lt. Noor Din after his death by
virtue of mutation of inheritance attested on 29-10-75.
The devolution of the estate of the deceased was
regulated by the customary law of parties governing the
inheritance in the family/tribe of the petitioner and
respondents. As per the system which is prevalent and
consistent, only the surviving son can inherit the estate
of their father excluding the widow as well as the
married daughters which position has been accepted by
the mother of the petitioner and respondent number 1
to 3 from 1975 till her death. Similarly the said position
was accepted by the real sister of petitioner and
respondent no 1 to 3 from 1975 till date. Thus for all
the intents and purposes, the petitioner and respondent
no 1 to 3 alone have inherited the estate of their father
which needs to be partitioned in equal share. Copy of
mutation and the khasra girdawari are enclosed
herewith and marked as ANNEXURE AI & A2
collectively.
2. That petitioner is younger
among the brothers and was recruited in JK Police on
16-10-1982. Petitioner was married at Jammu and
under the compulsion of the requirement of his govt
service, petitioner resided in Jammu but paid regular
visits to his village checking and managing his property.
3. That petitioner has retired on
31-03-2023 and thereafter went to Poonch and checked
the recorded position if the land which transpired that
Lt. Noor Din, the father of petitioner was having
proprietary land under khasra No. 571, 574, 575, 576,
623, 1261, 1262, 1624, and 1042 measuring 79 kanals
 10 marlas besides E.P Land under survey number 608
total measuring 25 kanals situate at village Kalai. The
respondents in the absence of the petitioner herein
usurped his share of the property and even sold the
land more than their entitlement under khasra No.
1042 measuring 22 kanals without the consent and
permission of the petitioner. Even they have
manipulated the record in the absence of the petitioner
for which petitioner reserves his right to proceed against
the revenue official involved in this illegal scam so that
the rule of law is upheld. Besides they illegally received
compensation of land under khasra No. 1261, 1262,
624 to the tune of more than 6 lakhs which needs to be
recovered.
4. That petitioner visited his village
on 08-08-2023 and found the clear deficiency in his
unit of land and requested all the three brothers,
respondents herein to deliver the petitioner his full unit
of land mutually and voluntarily so that cordial
relations in the family are maintained and litigation is
avoided but all the three respondents by common
design flatly refused the request of the petitioner
compelling the petitioner to seek partition of the joint
property as was owned by Lt. Noor Din, the father of
petitioner and respondents herein on the following
amongst other grounds-

GROUNDS-
I. That in terms of section – 105 of Land Revenue Act, a
co-sharer who is so recorded in the record of rights or
in any other record showing his proprietorship as is
reflected under chapter IV of the Land Revenue Act
can seek partition of the joint property. the petitioner
therefore is entitled to seek partition of the land
 belonging to Lt. Noor Din, the father of petitioner and
respondents in equal share amongst petitioner and
respondent No. 1 to 3.
II. That the mutation number 400 reflects the
proprietorship of the petitioner over the land
measuring 28 kanals 10 marlas covered under
various survey numbers. That petitioner is not
ineligible or disqualified to seek the partition of
immovable property in equal share by meats and
bounds. Respondent No 1 to 3 have no right to usurp
the share of the petitioner herein in his absence
taking advantage of his Govt service leading to his
active duty outside his native village.
III. That the property has been inherited under the
customary law of inheritance by the male lineal
descendant and as per the custom in the family,
petitioner is entitled to get equal share i.e 1/4 th of the
immovable property. the respondents in the absence
of the petitioner have illegally occupied the share of
the petitioner after selling their own share for
monetary consideration which shall be clear once
onspot measurement is undertaken.
IV. That once petitioner has requested the respondents
to mutually partition the land which has been which
flatly refused by the respondents herein, compelled
by the circumstances, petitioner is left with no other
option except to file this petition seeking partition of
the estate of his father by meets and bounds.
V. That the cause of action has accrued on 08-08-2023
when the respondents refused mutual partition of the
estate of Lt. Noor Din.
VI. That there is no limitation u/s 105 of the Land
Revenue Act for partition suit amongst the co-sharers
hence this petition is well within time.
 VII. That no other petition on this subject has been
earlier filed in any court of law.
Affidavit in support is enclosed.

In the premises it is most humbly prayed that –

Your honour may

be pleased to accept this petition and direct the
partition of estate of Lt. Noor Din amongst the petitioner
and respondent no 1 -3 in equal share in the interest of
justice, equity and fairplay.

Any other relief which the court thinks fit in the facts
and circumstances of the case may kindly be ordered in
the interest of justice for the securing the life and liberty
of the petitioner.

THE PETITIONER
THROUGH COUNSEL
DATED:
IN THE HON’BLE COURT OF TEHSILADR HAVELI POONCH

Md Shafiq V/s Md Aslam & Ors

…Petitioner …Respondents

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF

APPLICATION.

I Mohd Shafiq S/O Lt. Noor Din R/o Village Kalai Tehsil
Haveli Distt. Poonch at present H No. 117 Dogra Hall Jammu
do hereby solemnly affirm and declare as under
1. That the accompanying petition has been read over and
explained to me and the contents of the application are
true and correct as per my knowledge and as per
information received from record.
2. The deponent is the petitioner in the above petition, he
is well versed with the facts and circumstances of the
case, hence he is competent to swear the instant
affidavit.

I solemnly swear/affirm that the affidavit is true, no

part of this is false and nothing has been concealed.

Place: Jammu
Dated:

DEPONENT
IN THE HON’BLE COURT OF TEHSILADR HAVELI POONCH

Md Shafiq V/s Md Aslam & Ors

…Petitioner …Respondents

IN THE MATTER OF: -

INDEX

S Particulars Page No.

No.
1. Petition u/s 105 of LR Act (Partition suit)
along with affidavit.
2. ANNEXURE-AI & A2
(copy of Mutation & Khasra Girdawari)
3. Vakalatnama

Filed by:-

PETITIONER
THROUGH COUNSEL
Dated:
IN THE HON’BLE COURT OF TEHSILADR HAVELI POONCH

Matter pertains to District Poonch

2. Mohd Shafiq
S/o Late Noor Din
R/O Village Kalaban Tehsil Haveli
Distt Poonch at present H No. 117 Dogra Hall Jammu.

…PETITIONER

VERSUS

4. Mohd Aslam
5. Mohd Hanief
6. Mohd Sharief
All S/o Late Noor Din
R/O Village Kalai Tehsil Haveli
Distt Poonch.
…RESPONDENTS

IN THE MATTER OF: -

Petition under section 26 of the

land revenue Act seeking
determination of the dispute as
regards cultivation of the petitioner
in respect of land under khasra No
571, 574, 575, 576, 623, 1261,
1262, 1624, and 1042 thereby
directing the patwari concerned to
record the cultivation of the
petitioner under khanakashat in
equal shares wherever same has
been incorrectly recorded in
absence and in the back of the
paetitioner.

MAY IT PLEASE YOUR LORDSHIPS;

The petitioner most respectfully submit as under:-

1. That the petitioner is invoking

the jurisdiction of this Honble court seeking partition of
the un-partitioned property of Lt. Noor Din S/o Rusmat
 R/o Kalai Tehsil Haveli Distt Poonch as was devolved on
the petitioner and respondents by way of mutation of
inheritance recorded on 29-10-75 under mutation No.
400. The petitioner along with respondents succeeded
the estate of their father Lt. Noor Din after his death by
virtue of mutation of inheritance attested on 29-10-75.
The devolution of the estate of the deceased was
regulated by the customary law of parties governing the
inheritance in the family/tribe of the petitioner and
respondents. As per the system which is prevalent and
consistent, only the surviving son can inherit the estate
of their father excluding the widow as well as the married
daughters which position has been accepted by the
mother of the petitioner and respondent number 1 to 3
from 1975 till her death. Similarly the said position was
accepted by the real sister of petitioner and respondent
no 1 to 3 from 1975 till date. Thus for all the intents and
purposes, the petitioner and respondent no 1 to 3 alone
have inherited the estate of their father which needs to
be partitioned in equal share. Copy of mutation and the
khasra girdawari are enclosed herewith and marked as
ANNEXURE AI & A2 collectively.
2. That petitioner is younger
among the brothers and was recruited in JK Police on
16-10-1982. Petitioner was married at Jammu and
under the compulsion of the requirement of his govt
service, petitioner resided in Jammu but paid regular
visits to his village checking and managing his property.
In his absence and at his back respondents manipulated
the khasra girdawari entries in khanakashat (cultivation
column) by excluding the name of the petitioner in the
land under survey No 408 awwal, 408 doim, entries of
Mohd Aslam in khanakashat of khasra no 408 doim is
recorded in rabbi 2023 when petitioner also is entitled to
 cultivate the said land and same is also subject of
partition as it has also devolved on the petitioner after
the death of his father. It is relevant to submit that in
kahsra girdawari for the year 2013 under survey no 408
awwal for land measuring 10 kanals 8 marals, petitioner
was initially recorded in cultivation column in equal
shares with respondents but in the same column
exclusive cultivation of Mohd Hanief is recorded illegally
and in violation of the guidelines/instruction laid down
under standing order-22.
3. That no changes can be made in
cultivation column unless there is s decree of a court or
the parties agree to such an arrangement. Petitioner
never agreed for any arrangement of cultivation by Mohd
Hanief exclusively or by anyone of the respondents
exclusively. In order to establish their legal rights over
the said land the entries in khasra girdawari have been
manipulated at the back of the petitioner to create an
illegal interest in their favour contrary to law.
4. That petitioner has retired on
31-03-2023 and thereafter went to Poonch and checked
the recorded position if the land which transpired that
Lt. Noor Din, the father of petitioner was having
proprietary land under khasra No. 571, 574, 575, 576,
623, 1261, 1262, 1624, and 1042 measuring 79 kanals
10 marlas besides E.P Land under survey number 608
total measuring 25 kanals situate at village Kalai.
Meanwhile they have been changing the entries of
cultivation in conveyance with concerned patwari thereby
intentionally excluding the petitioner from his right of
cultivation in his ancestral and proprietary land.
5. That the petitioner found clear
manipulation in the revenue record thereby deleting his
name from khanalashat under various khasra numbers
 in order to establish their right o cultivation. Under law,
the cultivation by brother is self cultivation and no co-
sharer brother can set an exclusive right of cultivation at
the back of the joint sharer.
6. That the petitioner is seeking
determination of the dispute as regards cultivation of the
land on the following amongst other grounds-
GROUNDS-
7. That a serious dispute has
arisen between the petitioner and respondents as regards
his right of cultivation of his proprietary land which the
parties inherited jointly after the death of their father.
The petitioner is entitled to cultivate his proprietary land
according to his due share i.e 1/4th which position has
been illegally changed at the back of the petitioner and is
contrary to the rights of the petitioner hence the dispute
is required to be resolved by a summary enquiry u/s 26
of the land revenue act.
8. That petitioner has been
cultivating his land through hired labour.
9. That petitioner in view of the
bounds of brotherhood expected the respondents that
they shall not manipulate the entries so as to crate their
individual cultivation rights ignoring the law that
cultivation by real brother is self cultivation even though
petitioner himself also has been participating in the
cultivation of his land which position has been changed
unilaterally and needs to be corrected by incorporating
the name of petitioner under cultivation column in all the
khasra numbers as have devolved upon the parties from
their father.
10. That the patwari of the time
never communicated any change to the petitioner nor
they followed the procedure laid down under standing
 order 22 thus respondents cannot reap the benefits of an
illegal act by ousting the petitioner in record form
cultivation column.
11. That no other petition on this
subject has been earlier filed in any court of law.
12. That the present is well within
time from the date of knowledge to the petitioner.
Affidavit in support is enclosed.
In the premises it is most humbly prayed that –

Your honour may

be pleased to conduct an enquiry into the dispute as
regards the entries of petitioner in cultivation column
and direct the patwari concerned to carry correction in
khasra girdawari thereby incorporating the name of
petitioner in cultivation column of all the khasra
numbers as are inherited by the petitioner and as were
enjoyed and cultivated by his late father.

Any other relief which the court thinks fit in the facts
and circumstances of the case may kindly be ordered in
the interest of justice for the securing the life and liberty
of the petitioner.

THE PETITIONER
THROUGH COUNSEL
DATED:
IN THE HON’BLE COURT OF TEHSILADR HAVELI POONCH

Md Shafiq V/s Md Aslam & Ors

…Petitioner …Respondents

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF

APPLICATION.

I Mohd Shafiq S/O Lt. Noor Din R/o Village Kalai Tehsil
Haveli Distt Poonch at present H No. 117 Dogra Hall Jammu
do hereby solemnly affirm and declare as under
3. That the accompanying petition has been read over and
explained to me and the contents of the application are
true and correct as per my knowledge and as per
information received from record.
4. The deponent is the petitioner in the above petition, he
is well versed with the facts and circumstances of the
case, hence he is competent to swear the instant
affidavit.

I solemnly swear/affirm that the affidavit is true, no

part of this is false and nothing has been concealed.

Place: Jammu
Dated:

DEPONENT
IN THE HON’BLE COURT OF TEHSILADR HAVELI POONCH

Md Shafiq V/s Md Aslam & Ors

…Petitioner …Respondents

IN THE MATTER OF: -

INDEX

S Particulars Page No.

No.
4. Petition u/s 26 of LR Act along with affidavit.
5. ANNEXURE-AI & A2
(copy of Mutation & Khasra Girdawari)
6. Vakalatnama

Filed by:-

PETITIONER
THROUGH COUNSEL
Dated: