JAGDISH RAJ Vs. BHAN KOUR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 13.11.1998 propounded by the learned Single Judge in OWP No. 442 of 1989 entitled Jagdish Raj and Anr. v. Smt. Bhan Kour and Ors.

(2.) BY means of the aforesaid judgment and order, the learned Single Judge affirmed the finding of the Jammu & Kashmir Special Tribunal, Jammu that proceedings pertaining to the dispute as to whether who would inherit the occupancy rights of Rehmat Ali should be deemed to have been abated.

(3.) THE dispute pertains to land aggregating 18 kanals contained in khasra No. 266 and 266 min in Village Raipur Satwari, Tehsil & District Jammu. Rehmat Ali has occupancy right in the land under Bhagat Ram proprietor. After the death of Rehmat Ali all his occupancy rights of tenancy stood transferred in the name of his two sisters namely Noor Jahan and Mst. Ghulam Fatima, vide order dated 4th Magh 2001 passed by Revenue Assistant on mutation No. 133. Bhagat Ram proprietor of the land challenged the mutation in appeal on the ground that occupancy right of the deceased Rehmat Ali could be inherited in accordance with section 67 of the Tenancy Act. While accepting the appeal, the then Governor/Collector, Jammu set side the order dated 31.5.1964 of the Revenue Assistant passed on mutation No. 133 and remanded the case for passing a fresh order in accordance with law. It was observed by the Governor that the mutation for holding of Rehmat Ali should have been in the first instance mutated in the name of his widow and later on it was established that she had re -married, the second order for de -vesting her and transfer it to those entitled should have been made. The record further revealed that in compliance to the order passed by the Governor in appeal that no mutation of the event was attested and the land continued to remain in the name of Rehmat Ali deceased. It was after enforcement of Big Landed Estates Abolition Act, 2007 Bhagat Ram land owner included 18 kanals of land out of the land in dispute in his authorized unit of 182 kanals, and the remaining under mutation No. 252 was transferred in proprietary right to Rehmat Ali deceased.