BALDEV RAJ Vs. J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) This petition, filed by one Baldev Raj s/o Devi Dass R/o Bohri Top Sherkhania, Jammu, is directed against the order dated: 30.12.2009 of respondent no. 1-J&K Special Tribunal, Jammu.

(2.) Brief facts relevant for the disposal of this petition are as under:

(3.) Petitioner Baldev Raj and respondent nos. 5 & 6 namely Dev Raj and Hem Raj, are brothers to each other being sons of one Devi Dass s/o Ghasitoo. Dispute between them is on a piece of land measuring 40 kanals and 19 marlas under Khasra No: 16 & 17 village Top Sherkhania, Tehsil Jammu which originally belonged to one Jodh Singh who expired in 30's. Jodh Singh's widow sold the land to Raja Ram Chand, Raja of Chenani who gave it to said Ghasitoo on cultivation. In the year 2007 svt. when Big Landed Estates Abolition Act, 1950 came into force, the land in dispute also came within the Act as Raja Ram Chand had more than 182 Kanals of land in his ownership. Raja Ram Chand made a selection, as required by the BLEA Act, but did not include the said land in his retainable unit. This land was, therefore, mutated in the name of Ghasitoo, grand father of the petitioner under section 5 of the said Act. The mutation was, however, challenged by the original landlords, but the objections of the landlords did not sustain. The landlords filed a suit for possession against said Ghasitoo, in the year 1965. On 9th February 1965 said Ghasitoo, executed a will in favour of the petitioner. On 8th of August, 1972 he died during the pendency of appeal in the Court against the decree of possession passed by the District Judge, Jammu. The petitioner claiming to be the legatee under the said will on 15.11.1972 made an application that he be made party in the appeal, pending in the High Court. On 19th of April, 1973 the appeal was, however, dismissed by the High Court. The landlords applied for execution of the said decree against the petitioner on 26th April 1976 and the executing court of City Judge Jammu directed execution of the decree against the petitioner overruling the contention of the petitioner that in view of the provisions of the Agrarian Reforms Act, the execution cannot be ordered against the petitioner.