RAJESH SURI Vs. TARA CHAND

JUDGEMENT

(1.) PETITIONERS who figures as appellants in the appeal LPA No. 74/92, which came to be decided on 10.2.1999, seek review of the judgment. When the said appeal came to be decided the factual and legal position which was taken note of was as under: - (i) Tara Chand, Karam Chand, Anchal Ram, and Bala Ram sons of Charan Dass were treated as tenants in possession in Kharief 1971, and therefore held entitled to the benefits which are contemplated by sections 4,7 & 8 of the J&K Agrarian Reforms Act, 1976.

(2.) THE legal consequences which ensued on account of these two sections are: - (i) On account of the provisions contained in section 4 of the Act, all rights, title and interest in land of any person, not cultivating it personally in Kharief 1971, shall be deemed to have extinguished and vested in the State free from all encumbrances w.e.f. the first day of May, 1973. ii) The land vested in State is to be dealt with in terms of Section 2 of the Act.

(3.) THE Learned Single Judge, who decided the appeal in the last para of the judgement concluded that the tenants in possession became entitled to the benefit of the Act of 1976. What is said is being reproduced below: - "On admitted facts, the tenants were in possession of the land involved in the matter in kharief 1971, therefore, by ficition of law created by section 4 of the Agrarian Reforms Act, the land would vest in the State and the ex -owner would get exproprieted. The question of his being the owner of land on 20.2.1972 would not arise. There could be no relinquishment in favour of a person, who by operation of section 4 seized to be a proprietor/owner of the land."