BOOTI RAM AND ORS. Vs. MADAN SINGH

JUDGEMENT

(1.) This revision arises against the order dated 21.12,1998 passed by the Commissioner Agrarian Reforms (Addl. Deputy Commissioner, Jammu).

(2.) In order to decide the case, it would be advantageous to give brief resume of the case.

(3.) The land measuring 23 kanals and 1 maria under survey No 76 situate in village Devipur Teh. Akhnoor came under the operation of the J&K Agrarian Reforms Act (Shortly referred as 'The Act) The ex owners namely Swarn Singh and other were admittedly not holding possession of the land as same was under the tenancy of one Sadru in the determinant year. Accordingly, mutation No 311 under Sec. 4 of the Act was attested on 25.12.1981 by the Tehsildar in favour of the prospective tenant. To put the record straight neither the ex- owners, nor the respondent, Madan Singh challenged the said mutation at any point of time and, as such, same attained finality. However, before mutation under Sec. 8 of the Act could be attested Sadru died leaving behind legal heirs, namely Booti Ram, Ambo Devi, Bido Devi and Giano Devi (revisionists in the case). Subsequently, mutation No 405 under Sec. 8 of the Act was attested on 27.2 1990 in favour of the legal heirs in equal share. So far, so good. The present controversy, however arose during the year 1991 when changes were made in the Girdwari showing the respondents namely Madan Singh to be in possession of four kanals and 6 marlas out of the aforesaid land. The following entry was made in the girdwari in favour of Madan Singh Which read as under : "Vernacular Matter"