MADAN MOHAN Vs. DHUNDA

JUDGEMENT

(1.) This is a revision petition against the order of learned Joint Commissioner Agrarian Reforms, Jammu dated 4.8.1999 whereby the appeal filed by the petitioner herein has been dismissed and orders passed by Tehsildar R.S. Pura have been upheld.

(2.) The brief facts of the case are that land comprising of Khasra No. 798/min total measuring 1 Kanals 06 marlas situated in village Dablehar Tehsil R.S. Pura recorded as 'Shamlet Hasad Rasad Khewat was Gairmumkin Chapri 'Mufeed-i-aam as per girdawari. The patwari concerned entered mutation No. 860 under section 4 of the Agr. Reforms Act, 1976 in favour of the respondent herein making report on the said mutation that the land under dispute has been made culturable by the respondents herein. The Tehsildar attested the said mutation. The Tehsildar subsequently vide mutation No. 883 attested mutation under section 8 of the Agr. Reforms Act, 1976 in favour of Dhunda son of Chura the respondent herein. The petitioner herein challenged these above mentioned mutations in appeal before the appellate court and the learned appellate court vide order dated 2.9.1996 set aside both the mutations and remanded the case to Tehsildar R.S. Pura. The Tehsildar R.S. Pura after inquiry ordered that provisions of sections 4 and 8 are not attracted in the present case and found the respondent as not entitled for benefit of provisions of sections 4 and 8 of the Agr. Reforms Act, 1976 but in the end of his order the Tehsildar ordered that the possession of respondent (Dhunda) shall continue. Aggrieved by this entry of Tehsildars order the petitioner herein filed an appeal before the appellate court, who dismissed the appeal of the petitioner herein. Aggrieved by said order of appellate court, the petitioner filed the present revision petition.

(3.) Both advocates for the parties have filed their written arguments.