ABDUL SAMAD MIR Vs. ABDULLAH MIR

JUDGEMENT

(1.) Application for bringing on record legal representatives of deceased plaintiff (Sidda Mir) admittedly has been filed after the prescribed period of limitation, therefore, application for condonation of delay alongside has been filed. Court of Sub Judge, Kupwara has dismissed the application for condonation of delay, resultantly application for brining on record legal representatives has been held to be time barred and suit to the extent of deceased plaintiff Sidda Mir has been opined to be deemed abated. Dissatisfied with the said order dated 29.7.2009, instant revision petition has been filed.

(2.) The litigation in between the parties has commenced with the presentation of the plaint on 01.04.1976 before the Court of Sub Judge, Handwara i.e. suit for declaration and joint possession titled Sidda Mir and ors v. Mohammad Mir & ors. was regarding the landed property measuring 89 kanals and 2 marlas covered by Khewat No.7 left behind by the predecessor-in-interest of the parties. The said landed property was alleged to be un-partitioned so in joint possession of the parties. Plaintiffs therein claim to be in possession of the land measuring 18 kanals and 18 marlas when allegedly they were entitled to get 44 kanals and 15 marlas, therefore, claimed to be entitled to possession of further 25 kanals.

(3.) In the year 1978, Agrarian Reforms Act, 1976 came into force. Since dispute pertains to the agricultural land, therefore, suit was transferred to be dealt with by the authorities under Agrarian Reforms Act. Then the case remained pending with the authorities concerned for quite long time. The Collector decided the matter on 31.12.1981. Same order was challenged in appeal before Joint Agrarian Reforms Commissioner who remanded the case back to the Collector with the direction to dispose of the case afresh in the light of observations made therein. The said order was again challenged by medium of revision before J&K Special Tribunal which was dismissed on 24.2.1993. Then again vide order dated 08.07.2006 Collector concluded that the issue of declaration is beyond the competence/jurisdiction of the Collector, therefore, forwarded the case to the Court of Sub Judge, Handwara on 14.7.2006.