KHALIK KHAN Vs. MUMMA BHAT

JUDGEMENT

(1.) THIS revision stands concluded by the judgment of this court in Haji G. M. Bhat Verses G. H. Nehvi, civil revision No. 159 of 1978 (S. L. J. 1981, J&K, 405). In that case Section 19 (3) (e) of the J&K Agrarin Reforms Act, 1976, fell for consideration of this court, and it was held by the court that the said Section contemplates suits and proceedings between a recorded owner or intermediary on one hand and party in possession on the other in which the right to possess is clamed or disputed and that suits or proceedings alone were liable to be transferred for disposal to the Collector.

(2.) IN the present case, the plaintiff has claimed possession on the basis of right of prior purchase which obviously does not satisfy the criterion laid down in the aforesaid case. Consequently the order of the District Judge declining to transfer the case to the Collector under Section 19 (3) (e) of the J&K Agrarian Reforms Act, 1977, cannot be said to be erroneous. There is no merit in this revision which is hereby dismissed. The parties are directed to appear before the court below on 4th October, 1982.