(1.) Parties in view of the internal settlement seek disposal of this Petition, in the light of the Agreement Photostat copy of which is placed on the records. It is in view of this position, main petition is taken up for final disposal.
(2.) The admitted position is that respondent No. 4 is the actual owner of the land measuring 06 Kanals 14 Marias covered by Survey No. 623 and 07 Kanals 04 Marias covered by Survey No. 625, situated at village Kothey Sainian, Tehsil Bishnah. Petitioner admittedly has been in possession of the entire land but in the Revenue records, he has not been recorded in cultivation possession on the crucial date of Kharif 1971. Tehsildar has attested two Mutations under Section 4 of the Agrarian Reforms Act bearing Mutation No. 749 and 765 where under petitioner has been declared as prospective owner. Thereafter he was conferred ownership rights vide Mutation Nos. 750 and 766. All the Mutations in an Appeal were set aside by the Additional Deputy Commissioner (with powers of Commissioner Agrarian Reforms). The challenge to the said order of the Appellate Authority before the J&K Special Tribunal failed. The matter went back to the Tehsildar for de novo enquiry. The Tehsildar again attested the Mutations under Section 4 of the Agrarian Reforms Act in favour of the petitioner but finally, the said Mutations were again set aside by the Joint Commissioner, Agrarian Reforms, vide judgment dated 17th of July' 2003. Again matter was taken to the Special Tribunal by the medium of Revision, which came to be decided on 24th of March' 2004 and all the Mutations bearing Nos. 749, 750, 765 and 766 were set aside. Aggrieved thereof, the instant petition has been filed.
(3.) During the pendence of this Petition, parties have entered into an Agreement where under 04 Kanals of land covered by Survey No. 623 have been settled to be given to the owner--respondent No. 4; whereas regarding rest of the land i.e., 09 Kanals and 18 Marias the petitioner has been held entitled to ownership.