BUJO DEVI Vs. STATE AND ORS

JUDGEMENT

(1.) Petitioner was owner of the land measuring 33 kanals covered by Khasra No.22 min situated at Village Rampur Tehsil Hiranagar. Vide Mutation No.66 attested under Section 4 of the Agrarian Reforms Act, 1976 (for short 'the Act') on 18.01.1980 on spot in presence of the villagers, Respondent No.3-Pareeto has been found to be a tiller cultivating the land on behalf of the owner against the payment of 1/4th of the produce. Thereafter vide Mutation No.132 attested at Camp Rampur on 27.11.1999 under Section 7 of the Act, 1/4th i.e. 9 kanals and 18 marlas have been allowed to be resumed in favour of the petitioner-landlord. When infact 8 kanals and 5 marlas would be 1/4th of the total land.

(2.) Petitioner-Ex landlord challenged the mutation No.66 attested under Section 4 of the Act on 18.01.1980 in the year 2005 by instituting an appeal captioned 'Bujo Devi vs. Pareeto' on 15.01.2005 before the Appellate Authority i.e. Additional Deputy Commissioner with the powers of Commissioner, Agrarain Reforms Kathua. The appellate authority has set aside the said mutation vide judgment dated 21.10.2010.

(3.) Respondent No.3 (Tenant) filed an application under Order 41 Rule 21 CPC before the Appellate Authority seeking re-hearing of the appeal. Same has been rejected on 28.04.2011.