MOTI RAM Vs. SHIV SARAN

JUDGEMENT

(1.) This is a revision petition against the order dated 20-12-2001 passed by the Joint Commissioner Agrarian Reforms, Jammu whereby the appeal ft led by the petitioner before appellate court have been dismissed and orders passed on mutation No. 483 Under Sec. 4 and mutation No. 486 Under Sec. 8 of the J&K Agrarian Reforms Act, 1976 have been upheld.

(2.) The brief facts of the case are that land under dispute was owned by Gandharab Singh and Ors. and was under the cultivation of Sarban son of Faquir in 1971. The said Sarban sworn an affidavit in favour of the respondents in the year 1979 stating therein that he relinquished the possession of the land in 1970 in favour of the respondent and since 1970 the respondent is in cultivating possession of the land. The Tehsildar concerned corrected girdawari enterics in favour of the respondent herein alongwith mutation Under Sec. 4 of the Act declaring the respondent herein as prospective owner of the land. Subsequently, mutation Under Sec. 8 of the Act was also attested in favour of respondent declaring him as full owner of the land. Aggrieved by the order of Tehsildar the petitioners filed appeal before the appellate court who rejected the appeal of the petitioners. Aggrieved by the orders of the appellate court, the petitioners have filed the present revision petition.

(3.) The counsel for the petitioners stated that respondent herein was not recorded in cultivating possession of the land in dispute in crucial date of Kharif 1971 so they cannot be benefited under the provisions of section 4 and 8 of the Act. He also stated that the father of the petitioners filed resumption Form so the land is to be resumed from the original tenants.