MOHAMMAD AMIN THOKER AND ORS. Vs. J&AMP

JUDGEMENT

(1.) Order dated 19.10.2015, passed by the Revisional Authority (J &K Special Tribunal, Srinagar), is sought to be quashed.

(2.) Precise factual matrix which has given rise to hectic litigation between the parties is that land measuring 01 kanal of 1 marla covered by survey No.378/108 situated at Village Agroo Tehsil Kulgam, of which petitioners claim to be owners, has been mutated under Section 4 of the Agrarian Reforms Act in favour one Mst. Zeba, mother of respondent No.5, vide mutation No.338 dated 28.04.1981.

(3.) Mst. Zeba having been shown as tiller has been conferred prospective ownership rights. Aggrieved thereof, Sona Thoker, the actual owner, of whom petitioners claim to be the legal heirs, filed an appeal before the Court of Joint Agrarian Reforms Act, Kashmir. On appearance, Mst. Zeba filed an application accepting possession of the owner by stating therein that the land in question is under the possession of the appellant (Sona Thoker) and she has no right or connection with the said land, the position in revenue records showing her as tenant runs contrary to the spot position. In support of the said application styled as compromise, the statement of Mst. Zeba has been recorded wherein she has stated that she has heard the contents of the compromise, admits the same word by word.