BALDEV RAJ Vs. J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) Subject matter of the dispute is a plot of land measuring 40 kanals and 19 marlas comprising Survey Nos. 16 & 17 situated at Village Top Sherkhania, Jammu (hereinafter called land in dispute). Chronologically, the litigation over the land in dispute may be divided into two phases. In the first phase, the reversioneries of original owner of the land, Shri Jodh Singh, fought a long drawn legal battle with Shri Ghasitu Ram-the tenant inducted by alienee of limited owner, namely, Smt. Dadwal widow of Jodh Singh. The litigation started in 1936 A.D. and came to an end on 05.11.1986. The controversy died down once the reversioneries lost the battle, not for the reason that this Court did not find merit in their claim, but because of enactment of J&K Agrarian Reforms Act, 1976. The appellant herein grandson of the tenant inducted by alienee of the limited owner, fought a lone battle against the reversioneries. His brothers did not join him in this battle. They, however, surfaced with their claim to the land in dispute, as legal heirs of Shri Ghasitu Ram-the tenant inducted by alienee of the limited owner after the land was mutated in appellants favour. The second phase of litigation commenced on 21.09.1989 and continues to engage the parties. Shri Raja Ram Chand-Raja of Chenani purchased land in dispute from Smt. Dadwal widow of Late Jodh Singh vide Sale Deed dated 26th Poh, 1992 Svt. (12th January, 1936) in consideration of an amount of Rs. 1600/-. He handed over its possession to one Shri Ghasitu Ram (predecessor of the parties in present appeal) for its cultivation and inducted him as a tenant. Shri Ghasitu Ram, thereafter, remained in cultivating possession of the land in dispute.

(2.) Shri Mukhtiar Singh, as next reversioner of late Jodh Singh, threw challenge to the sale deed executed by Smt. Dadwal widow of Jodh Singh, in a Civil Suit (Suit for Declaration), filed in 1936 on the ground that Smt. Dadwal having a limited interest in the subject matter of sale deed, was not competent to execute the sale deed and, in any case, she would not pass a better title than she had in the land to the vendee i.e. Shri Raja Ram Chand. The Suit was decreed. The matter went up to the High Court and judgment and decree was upheld vide judgment dated 25th Poh, Svt. 1999 (1942 A.D). The execution petition filed by the reversioners did not meet success on the ground that the decree was not executable during life time of Smt. Dadwal as the transferees would continue to have a limited interest during her life.

(3.) Shree Yuvaraj, in the meantime, in exercise of powers under Section 5 Jammu and Kashmir Constitution Act, 1996, read with the proclamation dated 7th Har. 2006, enacted Jammu and Kashmir Big Landed Estates Abolition Act, Svt. 2007 (1950 A.D.). The Act put a ceiling of 182 kanals on the estate held by an estate holder/landlord. The land held over and above the ceiling area i.e. 182 kanals, by such estate holder was to go to the tenant in cultivating possession of the land. However, the estate holder/landlord was given a choice to select 182 kanals out of the land held by him and the land so identified was allowed to be retained by him.