AMA Vs. AZIZI

JUDGEMENT

(1.) THIS is a suit presented on 24.6.76 for partition by mates and bounds and also for the possession of immovable property which includes agricultural land, houses and shops situated in Gangabal Kashmir brought by the plaintiffs claiming to be the heirs of one Shaban Wani deceased, In the beginning the suit mainly was only for partition. On an objection having been raised some preliminary issues were framed. One of them, being as to whether the suit was maintainable without asking for a consequential relief. By virtue of an order of the court dated 24. 5. 1977, the plaintiffs were directed to amend the plaint and add consequential relief of possession. The same was done and the main issues were framed on 21.9.76; and the plaintiffs were directed to lead the evidence. When the plaintiffs concluded their evidence and the suit was fixed for recording the statements of witnesses for the defendants, a submission was made by the learned counsel for the defendants, that in view of coming into force of the Jammu and Kashmir Agrarian Reforms Act. 1976 hereinafter referred to as Act the proceedings pending in the court -were triable by the Collector Agrarian appointed under the aforementioned Act and not by a Civil Court. Both the learned counsel submitted that the point raised with regards to the jurisdiction be disposed of before the defendants were asked to lead the evidence.

(2.) THE question, therefore, that falls for determination is ; whether the proceedings pending in this court, the subject matter of which was not only the agricultural land but also other immovable property was necessarily to be transferred to the Collector Agrarian for disposal in accordance, with law as laid down in the Agrarian Reforms Act, 1976 ? A further question that has fallen for consideration and determination was as to whether a civil court was competent and had the jurisdiction to give its findings first with regard to relative matters raised in the proceedings such as concern the immovable property other than the agricultural land and leave the question of possession of the agricultural and to be finally disposed of by the Collector Agrarian.

(3.) I shall make an endeavor to answer both the questions.