PERMANAND Vs. SPECIAL TRIBUNAL, J&K, JAMMU

JUDGEMENT

(1.) THE only question involved is, whether the petitioners are the tenants or mortgagees of the land comprised in Khasra NO,124 -min measuring 22 Kanals situate in village Chak Bhagata tehsil Udhampur. In case the petitioners were the tenants of the property in possession in Kharifl971, the consequences would be different, whereas if it is found they were mortgagees, section - 3 0 of the Agrarian Reforms Act will be attracted.

(2.) THE admitted facts of the case are that, an application of the private respondents for redemption of mortgage under section 10 of the Agrarian Reforms Act was allowed by the Assistant Commissioner Collector. Agrarian Reforms Udhampur by his order -dated 8.5.89 holding that the land was mortgaged to the petitioners herein for Rs.100/ - in the year 2003. Since mortgage was subsisting, he ordered the redemption of the mortgage and directed the Tehsildar to deliver the possession of the land to the private respondents. On appeal, the Commissioner Agrarian Reforms, vide his order dated 2.1.96 reversed this finding holding that the petitioners were the tenants and not the mortgagees. This order challenged in revision before the Special Tribunal, who reversed the findings of the Commissioner Agrarian Reforms and restored that of the Collector Agrarian Reforms.

(3.) THE order of the special Tribunal dated 20 -5 -96 has been challenged on the ground that neither any question of law nor public interest was involved and therefore, petition of revision was not maintainable under sub -section 2 of sec.21 of the Agrarian Reforms Act, 1976 (hereinafter the Act).