BHAGAT RAM Vs. J & K SPECIAL TRIBUNAL

JUDGEMENT

(1.) This case has a chequered history, therefore, before considering the grounds urged by the petitioner in the present petition, this Court deems it appropriate to extract the factual aspects of the case.

(2.) One Devia was the owner of the land, who gifted the land measuring 48 kanals 17 marlas situated at village Hochak to the petitioner vide gift deed dtd. 20/12/1963 registered with Sub-Registrar, Ramban. The gift deed executed in favour of the petitioner was assailed in a civil suit, tilted, "Hira and others vs Bhagat Ram and Anr." before the Court of Sub-Judge Ramban on the ground that the plaintiffs therein had purchased 12 kanals and 14 marlas of land out of the total land mentioned above, forming the subject matter of the gift deed comprising khasra Nos. 557 and 560 of village Hochak, Tehsil Ramban from one Badna. The learned trial court 21 declared the gift deed unlawful, ineffective and void qua the plaintiffs therein. The judgment and decree was assailed before the court of learned District Judge, Bhaderwah and vide judgment dtd. 22/6/1972, the judgment and decree passed by the learned trial court was set side and the suit was dismissed. A Civil Second Appeal came to be preferred against the judgment and decree of the appellate court dtd. 22/6/1972 before this Court, but that too was dismissed vide judgment dtd. 4/4/1974. Thereafter, a mutation was attested on 29/6/1975 on the basis of a gift deed.

(3.) The respondent Nos. 6 to 9 along with one Kala filed a suit for permanent prohibitory injunction against the petitioner in respect of land measuring 6 kanals and 10 marlas comprising khasra No. 557 and land measuring 6 kanals comprising khasra No. 560 situated at Village Hochak, on the ground that they were in possession of the same. Learned Sub-Judge transferred this suit to the Deputy Commissioner (Collector, Agrarian Reforms) Doda, who in turn transferred the same to the Sub-Divisional Magistrate (Collector, Agrarian Reforms), Ramban in the year 1981. Additional Deputy Commissioner (Collector), Ramban vide order dtd. 21/4/1992 disposed of the matter with an observation and direction that the applicants are declared as the prospective owners of the land in dispute and mutation be attested in their favour by Tehsildar under Sec. 4 and 8 of the Agrarian Reforms Act.