KAKA JAT Vs. AMAR NATH

JUDGEMENT

(1.) THIS Civil revision is directed against the order of Subordinate Judge Chief Judicial Magistrate Jammu, dated 18th November 1974 by which the application of the petitioner, dated 25th September. 1974 seeking dismissal of the suit of the plaintiff as having abated under the provisions of Sections 3, 5, 36, 47, 51, 52 and 54 of the Jammu and Kashmir Agrarian Act, 1972 was rejected.

(2.) THE respondent No. I filed a suit for possession on the basis of preemption under right of Prior Purchase Act II of 1993 The land in dispute had been sold on 29th April 1971, to the petitioner vendee, by the owner Munshi Ram, respondent No. 2 During the pendency of this suit the petitioner defendant made the application on 25th September 1974, referred to para 1, above. The learned Subordinate Judge, Jammu came to the conclusion that there was no merit in that application, since the matter under the Right of Prior Purchase Act had to be determined by a civil court and the authorities under the Agrarian Reforms Act have no jurisdiction to deal with those matters.

(3.) I have heard Mr. Gupta the learned counsel for the petitioner, and have peruse the record.