SOM DUTT Vs. STATE

JUDGEMENT

(1.) An order dtd. 26/4/2018 passed by the Joint Financial Commissioner with powers of Financial Commissioner, Revenue ["FC] in a revision petition titled 'Som Dutt vs Sansar Chand is subject matter of challenge in this petition.

(2.) Before I take up the grounds of challenge urged by learned counsel appearing for the petitioner, a brief resume of the factual antecedents leading to filing of the instant petition under Article 226 of the Constitution of India would be desirable.

(3.) Land in dispute in this case measures 2 kanals and falls in khasra No. 609 min ["the subject land"]. The Subject land is classified as 'Gair Mumkin Khud' situate in village Dasgal, Tehsil Akhnoor, District Jammu and forms part of shamilat deh. As per the entries made in Jamabandi of 1957-1958, the subject land is recorded in the possession of the owners of the village as 'maqbooja malkaan'. The claim of the petitioner, as is projected by him throughout, is that the subject land was purchased by him from one Puran Chand son of Kunj Lal with possession through a registered Sale Deed dtd. 7/2/1994 and, accordingly, mutation No. 856 was attested in his favour on 28/11/2001. The petitioner further claims that out of the subject land purchased by him, 2 marlas of land was sold by him to one Anita Sharma wife of Romesh Chander on 14/8/2008 again through a duly registered sale deed. It is the case of the petitioner that he was in peaceful possession of the subject land and in the year 2010, the respondent appeared on the scene and challenged the sale deed executed by aforesaid Puran Chand in favour of the petitioner in the Court of learned Munsiff, Akhnoor. He submits that initially the Court of learned Munsiff granted an order of status quo, but the same was vacated by the Additional District Judge, Jammu on an appeal preferred by the petitioner.