MST JANA Vs. J&K SPECIAL TRIBUNAL & ORS

JUDGEMENT

(1.) The moot question, which requires to be considered in these proceedings, is as to whether sections 4&8 of the Jammu and Kashmir Agrarian Reforms Act 1976 (for short Act of 1976) are attracted to the facts of this case. The material placed on record including that of the revenue extracts would show that in Khareef 1971, Mst Jana and Ismail have been recorded to be in possession of land measuring 03 kanals and 05 marlas covered by survey No. 83 situated at village Shit, Parray pora, Pulwama, in equal shares as co-owners. The J&K Special Tribunal, Srinagar, in the impugned order, has recorded the pedigree table, which shows that Mst Jana happened to be the niece of Ismail (dead).

(2.) During the life time of Ismail, order on mutation No. 258 dated 21- 12-1984 was passed u/s 4 of the Act of 1976, showing Mst. Jana to be the tenant of the land in question. Thereafter order on mutation No. 280 was passed on 13-01-1988 u/s 8 of the Act of 1976 conferring ownership rights on Mst. Jana in respect of land covered by survey No. 83 situated at village Shit, Parray Pora.

(3.) One Abdullah Mir, adopted son of Ismail Mir, challenged the aforesaid orders on mutation before the Commissioner Agrarian Reforms (Additional Deputy Commissioner Pulwama). The Appeals were filed beyond the period of limitation. The Appellate Authority, being not satisfied with the explanation given for delayed filing of Appeals, dismissed the Application seeking Condonation of delay in filing the Appeals beyond the prescribed period of time. The Appellate Authority, however, recorded its opinion that the orders on mutation aforementioned passed u/s 4& 8 of the Act of 1976, were totally against the spirit of the said Act and the said orders need to be revised. The Appellate Authority, accordingly invoked the powers conferred upon it under Rule 52 of the J&K Agrarian Reforms Rules of 1977 (for short rules of 1977) and referred the matter to the J&K Special Tribunal. In its order dated 22-03-2001, the Appellate Authority also observed that the Ismail Mir and Mst Jana were co-sharers and the orders on mutation passed u/s 4&8 of the Act of 1976, were passed with the consent of the land owner, Ismail Mir, to defeat the rights of Appellant (Abdullah Mir) , who was, otherwise entitled to inherit the property in view of order on mutation No. 1429 dated 01-04-1994, whereunder the Appellant and husband of Mst Jana were shown to be the heirs of Ismail Mir.