SUBHAN DAR Vs. ANWAR DAR

JUDGEMENT

(1.) IN a suit for perpetual injunction in respect of land defined in J&K Agrarian Reforms Act, the trial court of Sub Judge, Baramulla, has referred the following question to the Collecter Agrarian : "Whether in view of Agrarian Reforms Act the disputed land is land as defined in the Act and whether the said land has to be settled in the name of one party or the other or in the name of none of them i. e. State." This revision petition is directed against the said order of the court below dt. 18 -5 -1982.

(2.) IT is contended by Mr. Malik appearing for the petitioner that in view of the amendment in sec. 19 of the Agrarian Reforms Act (hereinafter to be referred to as the act) by Act No: VIII of 1981, the question formulated by the trial court was not required to be formulated and the case was triable by a civil court. He further contends that the defendant has not set up a right of tenancy which would have attracted the provisions of the Act.

(3.) MR . Qureshi appearing for the respondents has submitted that in view of the conflicting authorities of this court and the latest authority of the learned Single Judge, it was necessary to enquire into the question as regards nature of the property because nature of the property would confer jurisdiction on the civil court. If it was found that the land was covered by the provisions of the Act, civil courts jurisdiction will be barred. In this view of the matter, submits the learned counsel, the impugned order is legal and well founded as