THAKAR KARTAR SINGH Vs. GAFFAR LONE

JUDGEMENT

(1.) IN this suit for possession of land measuring 7 kanals and 7 marlas, as described in the plaint, an application has been made by the defendant praying that the suit may be declared to have been abated in consequence of Section 52 of the Jammu and Kashmir Agrarian Reforms Act of 1972 or in the alternative the court may stay the proceedings or pass any other appropriate order in accordance with law.

(2.) THE plaintiff has claimed the suit property on the basis of ownership. He has averred that the defendant was his tenant but in the year 1968 he relinquished the tenancy rights in favour of the plaintiff. After the said relinquishment the defendant again came to occupy the land forcibly without the consent of the plaintiff. The position of the defendant is that of a trespasser. On these grounds the plaintiff has claimed decree for possession. These allegations are controverted by the defendant in his written statement. He has denied the right of ownership of the plaintiff. The defendant has pleaded that he is the tenant of the land.

(3.) THE question that falls for consideration is whether the suit has abated in terms of Section 52 of the Agrarian Reforms Act of 1972, and if not -whether the present proceedings can be maintained in the civil court? Section 52 of the Jammu and Kashmir Agrarian Reforms Act of 1972, provides that all applications, suits and proceedings pending before any Revenue Officer, Civil or Revenue Court, any authority acting under any of the Acts mentioned in sub -section (1) of Section 51 shall abate. Now the Acts mentioned in Sub -Sec. (1) of Sec. 51 are: -