KEWAL KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Letters Patent Appeal arises from the judgment dated 9.11.1999 passed by the learned Single Judge whereby OWP No. 285/95 has been dismissed.

(2.) THE case of the appellant/writ petitioner in the writ petition was that petitioners father being in continous and cultivating possession over the State land measuring 6 kanal and 6 marlas comprising in khasra No. 62/min.situated in village Murlian Tehsil R.S.Pura since 1956 became entitled to be regarded as tenant -at -will in view of Govt.order No. LB -6 and also became entitled for conferment of ownership rights under Govt.order No. 432 -C of 1966. The father of the petitioner claimed benefit of Govt.order No. 254 of 1965. Tehsildar R.S.Pura attested mutation No. 394 by his order dated 19.11.1982 in his favour giving him the benefit of the said Govt.order.

(3.) THE order of Tehsildar was challenged by the respondent No. 6 before the Financial Commissioner in a revision petition filed against the petitioner who was continuing in possession after the death of his father. Learned Financial Commissioner accepted the revision and set aside the order of Tehsildar and while remitting the case back directed that the "plea of the non -applicant that he is in physical possession of the land since 2013 Bk and acquired the rights of "tenant -at -will" (i.e. by LB -6 of 1958) may also be kept in view."