S MOHD Vs. MEMBER, SPECIAL TRIBUNAL (J&K)

JUDGEMENT

(1.) IN the revenue record in the column of ownership the land is mentioned as Shamlat Deh Hasab Rasad Khewat. In the tenancy column the land has been described as Makboza Malikan. The petitioner who claims to be a tenant, submits that on account of his being a tenant in Kharif, 1971 right in terms of Section 4 and 8 of the Agrarian Reforms Act of 1976, be conferred on him. This prayer has been rejected. An order has been passed by the J&K Special Tribunal, Jammu. This is subject matter of challenge in this petition.

(2.) THE view expressed by the Special Tribunal is that the land having been recorded as Shamilat Deh, this would not be covered by the J&K Agrarian Reforms Act of 1976.

(3.) IT be seen that within the territorial limits of every village some portion of the lands are reserved for purposes of common pasture, for assemblies of people, for the tethering of the village cattle, and the possible extension of the village dwellings and that lands so reserved are jealously guarded as the common property of the original body of settlers who founded the village or their descendants and occasionally also those who assisted the settlers in clearing the waste and bringing it under cultivation are recognized as having a share in these reserved plots. It be noticed even in villages which have adopted separate ownership as to the cultivated area, some such plots are usually reserved as village common. It is not unusual to find certain portions of the waste reserved for the common use of the proprietors and other portions for common village purposes. These are described Shamilat Patti and Shamilat -deh. As a general rule only proprietors of the village (malikan -deh) as distinguished from proprietors of their own holdings (milikan makbuza khud) are entitled to share in the Shamilat -deh.