DEWAN CHAND Vs. STATE

JUDGEMENT

(1.) ADMITTED . A Revision petition, copy whereof is Annexure D with the petition has been filed before the Joint Settlement Commissioner, Jammu. The heading of the petition reads as "Revision against the order dt. 20 -08 -2001 passed by Tehsildar Samba by which mutation No. 550 has been attested in favour of respondent, for setting aside the same with regard to Khasra No. 216 situate at village Gadwal Teh. Samba".

(2.) VIDE mutation No. 550, the earlier entry which was in favour of Nanak Chand and Dewan Chand as the persons in cultivating possession stands altered and exclusive possession stands conferred on Dewan Chand. The land has been described as Gair Mumkin.

(3.) THE revenue record which is in Urdu was read in Court. Both sides agreed that the purport of mutation was to confer exclusive rights on Dewan Chand. It is this entry which is being challenged. It is submitted that the land is Ghair Mumkin and is being used for a common purpose. It is accordingly submitted that in terms of the provisions of Common Lands (Regulation) Act, 1956, no mutation as has been done in the present case could be made. As indicated above, the land is being used for a common purpose. It is qua this mutation dispute was entertained by the Joint Settlement Commissioner, Jammu. The said officer has passed an order whereby respondent petitioner herein has been restrained from raising any construction on the land in question. It is urged: -