JABAR LONE Vs. J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) BY this medium of this writ petition, petitioner has questioned order dated 26.5.1997 passed by J&K Special Tribunal, Srinagar in a revision, titled as Mst. Mukhti v. Jabar Lone (for short, impugned order), on the grounds taken in the memo of petition.

(2.) IT is averred that writ petitioner became owner of the land measuring 6 kanals 12 marlas falling under survey No. 799 bearing khewat No. 90 situate at Estate Darakis, Tehsil Tangmarg (Gulmarg) by virtue of a registered sale deed dated 2.6.1972 which was executed by Mst. Khatji and Mst. Saida, daughters of Ahad Lone and, thus, petitioner is in possession of the same. The said land was part of joint holding owned by khatji, saida and Fata daughters of Ahad Lone and Mukhti daughter of Mohd. Lone. It is averred that the petitioner had also filed a civil suit and obtained a decree, but during the pendency of said suit, respondent No. 3 -Mst. Mukhti had made an application before the Tehsildar Tangmarg (Gulmarg) and became subject matter of various litigations before the revenue agency. Ultimately mutations came to be passed in favour of respondent No. 3, was questioned by writ petitioner by the medium of appeals before the Joint Agrarian Reforms Commissioner, Srinagar, who accepted the appeals and set aside the impugned mutations vide order dated 9.10.1995. Feeling aggrieved respondent No. 3 herein questioned the same before the J&K Special Tribunal, Srinagar, came to be allowed vide order dated 26.5 997 and the order passed by Joint Agrarian Reforms Commissioner was let aside and Mutation Nos. 219 and 253 attested by Tehsildar Agrarian Reforms, Tangmarg were upheld. It is this order which is subject matter of present writ petition.

(3.) IT appears that Mukhti -respondent No. 3, who is daughter of Mohd. Lone, had moved an application before Tehsildar Agrarian Reforms, Tangmarg who directed Naib Tehsildar Tangmarg to conduct inquiry. Accordingly, Naib Tehsildar made a report to Tehsildar to the effect that Mukhti was enjoying possession of the land in question continuously even before 1971 and on the basis of inquiry held by Naib Tehsildar, Tehsildar Agrarian Reforms, Tangmarg ordered correction of girdawari entries in respect of the disputed land in favour of Mukhti -respondent No. 3 as tenant with effect from Kharif 1971. The said order was passed on 15.10.1981 in file No. 69. It also appears that the proceedings and inquiry conducted by Naib Tehsildar and order passed by Tehsildar Tangmarg have never been questioned by the writ petitioner and mutation Nos. 219 and 253 came to be attested on the basis of said order of Tehsildar. Writ petitioner questioned both the mutations by the medium of appeal before the Joint Agrarian Reforms Commissioner, Srinagar, but did not question the basic order -order of correction of girdawari passed by Tehsildar Agrarian Reforms Tangmarg. Joint Agrarian Reforms Commissioner -appellate authority while setting aside the mutations has overlooked the said fact.