KARAN SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) By medium of this Revision Petition, judgment dated 30th May, 2012 passed by the Court of learned District Judge, Kathua has been assailed. Respondents, referred to hereinafter 'the Plaintiffs' have filed suit for permanent Prohibitory injunction regarding land measuring 19 kanals 9 marlas covered by Survey No. 298 of village Keerian Tehsil and District Kathua, wherein they claimed to be the owner in possession of land on the strength of agreement to sell dated 26.05.1997 executed by Chain Singh and Karan Singh, the owners of the land. The plaintiffs claim to be in possession of the said land for the last 12 years but their possession is being invaded by the petitioners, hereinafter referred to as 'the defendants'.

(2.) Issue No. 1 as framed pertaining to jurisdiction has been decided by the trial Court by holding that the suit land being agricultural land, dispute arising out of it pertaining to possession has to be decided by the authorities under the Agrarian Reforms Act. On such premise, has concluded that the Civil Court has no jurisdiction. Plaint has been directed to be returned to the plaintiffs so as to approach the competent Agrarian authorities.

(3.) The said judgment dated 20th July, 2010 passed by learned Sub Judge, Kathua has been assailed by medium of Appeal titled Ranjit Singh and anr. v. Karan Singh and ors. before the Court of District Judge, Kathua. Learned District Judge allowed the appeal on the ground that the suit land does not fall within the definition of the 'land' under the Agrarian Reforms Act, as the suit land is a 'Gair Mumkin Dariya' reserved to land owners under the provisions of Big Landed Estates Abolition Act and falls within the ambit of exception carved out under Section 3 of the Agrarian Reforms Act.