MOHAMMAD AKBAR SHAH Vs. STATE

JUDGEMENT

(1.) The petitioner No.1 executed Sale Deed in favour of petitioners 2 to 5 in respect of land measuring 02 kanals, covered by Survey No. 950 min, Khevat No. 845, situated at Mauza Charar-i-Sharief, Tehsil Charar-i-Sharief, District Badgam. Petitioner No.1 was recorded as Tenant-at-Will (under the State) in respect of land, which was in his occupation, in accordance with the mandate contained in order No. LD-6/C of 1958 dated 05th June, 1958 (for short order of 1958). In terms of this order of 1958, petitioner No.1, as occupant, was not authorised to transfer the land or any interest therein. The said order of 1958 imposed some other conditions on petitioner-occupant of the land.

(2.) In terms of Government order No. S-432 of 1966 dated 03rd June, 1966 (for short order of 1966), it was provided that proprietory rights be conferred on the cultivators of State land, who are permanent residents of State and have already been declared as Tenant-at-Will in accordance with order of 1958 subject to certain conditions, which include that the land shall be used for agriculture purposes only and the grantee shall not be entitled to alienate it without previous permission of the Government. Relevant part of orders of 1958 and 1966 are taken note of :

(3.) The land, which the petitioner No.1 intended to transfer in favour of petitioners 2 to 5 and for which Sale Deed was executed, the proprietary rights thereof were conferred upon him in terms of order of 1958 and order of 1966.