KARAM CHAND Vs. SUSHIL KOUR

JUDGEMENT

(1.) WITH the consent of the learned Counsel for the parties, this LPA which is directed against the judgement dated 31 -12 -2001 recorded by the learned Single Judge in OWP No. 285/99 is taken up final disposal.

(2.) THE incontrovertable facts leading up to the filing of this appeal are that one Tirath Singh son of Ganga Singh, the predecessor -in -interest of respondents NO1 to 4 herein being a Displaced person from Pak Occupied Kashmir area of Tehsil uri District Muzzafarbad was rehabilitated by the Govt. of Jammu & Kashmir by alloting him land as displaced person in two villages : land measuring about 3 kanal and 9 marlas comprising of Rh. No.43 -min located at village Marh Bagh and land measuring about 5 kanals 3 marlas comprising of Kh.No. 62 located at Channi Mawalian in Tehsil Jammu was allotted to him. Said Tirath Singh being a Displaced person was put in possession of these lands by virtue of annexure -a dated 24th Asoj 2011 Bk. Consequent upon delivery of possession, the lands were muted in his name as allottee. Out of this, the lands measuring 5 kanals 9 marlas located at Channi Mawalian Comprising Kh.No. 62 -min which as per said Tirath Singh was in his personal cultivation but came to be entered by the Revenue Authorities in the name of appellantâ„¢s father namely, Maggar Singh in his cultivating possession in the Khasra Girdawari maintained for the said village. In this behalf, Tirath Singh came to file an application for correction of this entry in the Khasra Girdawari before the Tehsildar Agrarian Reforms Jammu, on the ground that said entry has been made at his back and there exists no relationship of landlord and tenant between him and said Maggar Singh father of the appellant. The Tehsildar Agrarian Reforms came to reject this application, against this order appeal was filed before the Joint Financial Commissioner with the powers of Commissioner under the Agrarian Reforms Act (herein after referred to as the Commissioner) by the said Tirath Singh the displaced person, who came to dismiss the same by virtue of his order dated 30 -11 -1987. This order came to be challenged in revision by Tirath Singh before the special Tribunal (Tribunal in Short) Jammu who by virtue of order dated 30 -04 -1990 came to allow motion of revision and came to remand the case for disposal to the Tehsildar Agrarian Reforms, Jammu with the following observations: -

(3.) ON receipt of file back after remand by the Tehsildar Agrarian Reforms by virtue of his order dated 06 -05 -1991, came to reject the application of Tirath Singh displaced person for correction of Khasra Girdawari and came to attest mutation in favour of appellant -respondent No.2, in this behalf mutation No. 260 came to be attested. This order came to be challenged before the commissioner, Agrarian Reforms in second round of litgation who came to dismiss the same by virtue of an order dated 25 -02 -1993. This order of the commissioner again came to be challenged in revision before the tribunal, Jammu who came to accept the revision after holding that the Tehsildar and Commissioner has side tracked the findings of this Tribunal and have went in different lines while passing the order. Finally after remand, Tehsildar Agrarian Reforms came to record order impugned in the writ petition whereby he come to reject the application of Tirath Singh for correction of entry in Khasra Girdawari. This order came to be challenged by said Tirath Singh before the writ Court, where in he inter -alia sought quashing of said order with further direction to correct the entry of Khasra Girdwar with respect to the land in question. During the pendency of the writ petition, said Tirath Singh expired and his Lrs the respondents 1 to 4 who happen to be his widow and children respectively came to be brought on record. The learned writ Court on completion of the pleading in the writ petition after hearing the learned counsel for the parties came to allow the petitioners entitled to the relief with the direction to revenue record. It is this order of the learned Single Judge which is impugned in this appeal.