MOHD MAQBOOL RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) AGGRIEVED of the order dated 2 -12 -1996 passed by Member, J&K Special Tribunal, Srinagar in exercise of its revisional powers under section 21(2) of the J&K Agrarian Reforms Act, 1976, the petitioner has preferred the present writ petition challanging the same.

(2.) PETITIONER claims to be the tenant of the respondents 5 to 12 and Sattar, predecessor -in -interest of respondents 9 to 12, prior to Kharif 1971. His case as projected before the courts below was that entry regarding his possession was not reflected in the concerned revenue record and accordingly he applied for correction of entry through 'Sahti Kasht in the year 1983. The Tehsildar Chadura who initiated the proceedings for correction of entry, summoned the respondents 5 and 6 and Sattar, the common encestor of respondents 7 to 12 who presented affidavits before him and also recorded their statements, admitting the claim of the petitioner of being in possession of the land measuring 13 Kanals and 17 marlas comprising of survey Nos. 497/ Min (6 Kanals 4 marlas), 501/Min (4 Kanals 2 marlas) and 503/ Min (3 Kanals and 1 marla) situated at Barwa tehsil Chadura. On the basis of admission, of the owners in respect to actual possession of the petitioner in Kharif 1971, the crucial period for conferment of benefits under the provisions of the Agrarian Reforms Act, the Tehsildar Chadura, recorded and attested mutation No. 457 dated 14 -5 -1983.

(3.) IT appears that private respondents and their predecessor Sattar resiled from their affidavits and admission made before Tehsildar and challanged the mutation No. 457 before respondent No. 3. Respondent No. 3 vide his order dated 18 -10 -1994, dismissed the appeal and up -held the mutation attested in favour of the petitioner. The appellate authority was of the view that the mutation having been attested by Tehsildar on the basis of admission of the appellants before him, the appeal was not competent. He applied the anology as contained in section 96(3) of the code of Civil Procedure which bars an appeal against a consent decree.