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2011 DIGILAW 610 (JK)

Partap Singh v. J&K Special Tribunal

2011-11-05

MOHAMMAD YAQOOB MIR

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1. Parties in view of the internal settlement seek disposal of this Petition, in the light of the Agreement, Photostat copy of which is placed on the records. It is in view of this position, main petition is taken up for final disposal. 2. The admitted position is that respondent No. 4 is the actual owner of the land measuring 06 Kanals 14 Marlas covered by Survey No. 623 and 07 Kanals 04 Marlas covered by Survey No. 625, situated at village Kothey Sainian, Tehsil Bishnah. Petitioner admittedly has been in possession of the entire land but in the Revenue records, he has not been recorded in cultivation possession on the crucial date of Kharif 1971. Tehsildar has attested two Mutations under Section 4 of the Agrarian Reforms Act bearing Mutation No. 749 and 765 where under petitioner has been declared as prospective owner. Thereafter he was conferred ownership rights vide Mutation Nos. 750 and 766. All the Mutations in an Appeal were set aside by the Additional Deputy Commissioner (with powers of Commissioner Agrarian Reforms). The challenge to the said order of the Appellate Authority before the J&K Special Tribunal failed. The matter went back to the Tehsildar for de novo enquiry. The Tehsildar again attested the Mutations under Section 4 of the Agrarian Reforms Act in favour of the petitioner but finally, the said Mutations were again set aside by the Joint Commissioner, Agrarian Reforms, vide judgment dated 17th of July' 2003. Again matter was taken to the Special Tribunal by the medium of Revision, which came to be decided on 24th of March' 2004 and all the Mutations bearing Nos. 749, 750, 765 and 766 were set aside. Aggrieved thereof, the instant petition has been filed. 3. During the pendence of this Petition, parties have entered into an Agreement where under 04 Kanals of land covered by Survey No. 623 have been settled to be given to the owner-- respondent No. 4; whereas regarding rest of the land i.e., 09 Kanals and 18 Marlas the petitioner has been held entitled to ownership. 4. Under Scheme of the Agrarian Reforms Act, when Mutation under Section 4 is attested and the tenant is declared as prospective owner, then three steps further are required to be taken. 4. Under Scheme of the Agrarian Reforms Act, when Mutation under Section 4 is attested and the tenant is declared as prospective owner, then three steps further are required to be taken. A first step is, to ascertain as to whether there is any resumption form filled so as to attest the Mutation under Section 7 of the Agrarian Reforms Act. The parties i.e., the Ex-Landlord and the prospective owner, may chose to settle the matter amicably that is permissible, in accordance with Section 12 of the Agrarian Reforms, Agreement has to be drawn strictly in accordance with the provisions of Section 12 of the Agrarian Reforms Act, based on which Mutation under Section 12 has to be attested where under the Ex-Landlord and the prospective owner will be respectively conferred with the ownership rights to the extent agreed upon by the parties. In case, same does not materialize, then the third option is for the tenant to deposit the levy so as to get the Mutation under Section 8 attested in his favour. 5. Since the parties have settled the matter inter se and private Agreement has been drawn, which is attested by the Notary but same is required to be registered under the Registration Act or to be authenticated by the Revenue Officer of a class not lower than the Tehsildar. Now since the parties have settled the dispute and the tenant has surrendered the possession of 04 Kanals of land the case, now, has to be settled in the same background. 6. In view of the settlement, the order under challenge i.e., the order passed by the Special Tribunal dated 24th of March' 2004 is set aside along with the order dated 17th of March' 2003 passed by the Joint Commissioner (Agrarian Reforms). While doing so, the Mutation Nos. 750 & 766, attested under Section 8 of the Agrarian Reforms Act, in favour of the petitioner (tenant) are also set aside. The position of the Mutations attested under Section 4 of the Agrarian Reforms Act vide Mutation No. 749 & 765 are maintained. So, the position of the respondent No. 4 as Ex-Landlord is maintained. 750 & 766, attested under Section 8 of the Agrarian Reforms Act, in favour of the petitioner (tenant) are also set aside. The position of the Mutations attested under Section 4 of the Agrarian Reforms Act vide Mutation No. 749 & 765 are maintained. So, the position of the respondent No. 4 as Ex-Landlord is maintained. Now, Tehsildar shall authenticate the Agreement as has been executed by the parties which is already attested by the Notary and after authentication of the said Agreement, Tehsildar shall get the Mutations entered under Section 12 of the Agrarian Reforms Act where under in terms of the Agreement, petitioner (tenant) shall be entered as owner for the land measuring 2 Kanals 14 Marlas covered by Survey No. 623 and for land measuring 07 Kanals 04 Marlas under Survey No. 625. Whereas, the respondent (owner)--Swaran Singh, shall be recorded in terms of the said Agreement as owner in possession of the land measuring 04 Kanals covered by Survey No. 623. A copy of this order be sent to the Tehsildar concerned, so as to ensure strict compliance i.e., authentication of the private Agreement as entered into by the parties and then attestation of the Mutations under Section 12 of the Agrarian Reforms Act on the said basis within a period of four weeks from the date, a copy of this order is served upon him. Petition accordingly disposed of along with connected CMPs.