TARA CHAND Vs. STATE

JUDGEMENT

(1.) The petitioners claim to be protected tenants of land falling under survey Nos. 83, 84, 85, 86, 87 and 88, situated at village Arazi Samba, Tehsil Samba. In exercise of the powers vested under Sub Section(2) of the Section 15(A) of the Jammu and Kashmir Tenancy Act, 1980, the Government confirmed the title of protected tenancy on all the tenants except occupancy and such fixed term tenants as hold Maliari or vegetable growing land. Every such protected tenant was recorded by adding the words "Mazaria Muhafiz" against his name. Subsequently, Government passed a General Order No. LCB-8/C of 1957 dated 15.11.1957, whereby the persons who were in cultivating occupation of the land held by them on 9.12.1955, were liable to be confirmed the status of protected tenants. In pursuance to this, petitioners' names were recorded in the record of rights of 1959-60.

(2.) A dispute was raised by the respondent-Dharamarth Trust in this behalf by stating that petitioner no. 1 was the servant of the Trust and he managed to get his and his brothers names recorded as protected tenants. On coming to know that petitioners were recorded as protected tenants, the respondent-Dharamerth Trust applied for correction of the entries in the relevant revenue record, on the basis of which, Tehsildar, Samba vide his order dated 20.10.1972 passed on Fardpartal or dered that petitioners be entered as "Gair Maurousi Billa Lagan bewaja lailmi Malikan" instead of "Gair Maurousi Muzarin Mahfooz". This order of the Tehsildar has not been challenged by the petitioners. Subsequently, Tehsildar, Samba changed this entry vide his order passed on Mutation No. 191 dated 17.11.1981 and recorded the petitioners as protected tenants.

(3.) A review was preferred against the order passed by the Tehsildar, Samba on Mutation No. 191 dated 17.11.1981. The said order was revised vide order dated 20.6.1984, whereby petitioners were ordered to be entered as protected tenants on payment of rent @ = of the produce and the petitioner was recorded as paid servant of the Trust.