MOHAMMAD HUSSAIN Vs. RAHIM

JUDGEMENT

(1.) By virtue of Act No. VIII of 1981, Ss.19(e) and 25(b) of the Jammu and Kashmir Agrarian Reforms Act came to be amended and in view of the said amendment, a reference came to be made by a learned Single Judge of this Court (Kotwal J) in Civil Second Appeal No. 27/1981 on 15th Sept. 1982. The matter was referred to the Full Bench for determination of the following two question :

(2.) In order to understand the controversy properly, it is necessary to refer to the law which was framed in the years 1972 and 1976, and in the light of the statutory provisions as, amended in 1981, whether the Full Bench authority of this Court namely Jagtu v. Badri would still hold the field.

(3.) Jammu and Kashmir Agrarian Reforms Act was first applied to the State of Jammu and Kashmir by virtue of Act No. XXV of 1972. In Rahim v. Amma Bar, reported in AIR 1975 J and K 33, the Full Bench of this Court considered as to whether the provisions of the said Act were retrospective and would apply to pending cases also. This question was answered in affirmative by the Full Bench. Section 36 of the said Act reads as under :- "Notwithstanding anything contained in any law for the time being in force; 1) No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act or the rules made thereunder required to be settled, decided or dealt with or to be determined by an officer or the authority appointed under this Act or the rules made thereunder; 2) No order of an officer or authority mentioned in Sub-Sec. (1) shall be called in question in any Civil Court.