BIRBAL Vs. BIKHU

JUDGEMENT

(1.) THIS revision arises out of a civil suit penting in the court of Munsiff 1st Class Hiranagar. The dispute in the suit pertains to land under Survey Nos. 209/110,67,211/169,212/32/213,64,65,76,78,7999,171,172,194,195,105,111,112 116,118,119215 / 121,66,170,91,86 / 185 192,190,216/102,221,/102/1,191 and 38 situate in village wand Mahanas Tehsil Hiranagar. The plaintiffs case is that they are the owners -occupiers of the land and that the defendant has absolutely no right or title in it In reply, the defendant has pleaded that he has occupancy rights in the land and that the plaintiffs are holding the land as tenants -simplicitor under him. During the pendency of the suit the Jammu and Kashmir Agrarian Reforms Act, 1976 came into force. In accordance with the said Act all rights, title and interest in the land of any person not cultivating it personally in Kharif 1971 shall be deemed to have extinguished and vested in the State free from all encumbranees with effect from the first day of May 1973. In the present case it obviously becomes necessary to find out whether the encumbrance climbed by the defendant continues to subsist even after the 1st. day of May, 1973. For, if the encumbrance has ceased to be operative and the land has vested in the plaintiffs absolutely, then the suit as also the connected revision automatically collapse. Now this is a point which actually arises under the Agrarian Reforms Act and the power and jurisdiction to determine the same belongs to the Collector (Agrarian) In the circumstance. I direct that the Collector (Agrarian) shall be asked to determine this question unless he has already determined it and submit his finding to this court within a period of two months. This revision shall be listed for further orders after two months. lest there should be any misunderstanding let me make it clear that in making such determination the Collector(Agrarian)will not be bound by anything said by the Munsiff in the order under revision dated 29 -9 -1976.