NANKU RAM Vs. CHAIL SINGH

JUDGEMENT

(1.) THIS appeal arises out of a suit for possession on the basis of right of prior purchase. The disputed land measures 14 kanals and 16 marlas under Survey Nos. 219/Min (5k -7M) and 237 (9kl -9m) situated in village Muthi Mora Aqalpora, Tehsil Jammu. During the pendency of this appeal the Jammu & Kashmir Agrarian Reforms Act. 1976 came into force. In accordance with the provisions of the said Act the land in dispute is liable to be settled either in the name of one party or the other or in the name of the state depending on who was in actual possession on the relevant date and whether his holding exceeds the ceiling limit or not. The power & jurisdiction to determine this question belongs to the Collector (Agrarian) concerned who, in this case was the collector (Agrarian) Jammu .The collector (Agrarian) Jammu is directed to determine this question unless he has already determined it and submit his findings to this court within a period of three months. The party present is directed to appear before the Collector(Agrarian)Jammu on 7 -4 -1980.