JAMEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners challenged the order of the J&K Special Tribunal, Jammu dated 7 -9 -1994 by virtue of which the revision petition challenging the order of Deputy Commissioner, Doda on 17 -6 -94 was dismissed.

(2.) A brief resume of the facts reveals that one Heeru died issue -less. However, he has during his life time transferred his estate by gift deed executed on 29 -11 -1968 in favour of Charan Singh and Bishan Singh, respondents 5 & 6 herein. After the death of Heeru, petitioners laid their claim on his property which appears to have been resisted by respondents 5 & 6, who were allegedly forcibly dispossessed some time in the year 1975, so an application under section 27 of the Agrarian Reforms Act was filed by both Charan Singh and Bishan Singh, respondents herein for restoration of possession. The Tehsildar rejected the application on the ground that the possession of the petitioners Jameet Singh and Shanker was permissive and not forcible. This order was set aside in appeal by the Deputy Commissioner, Doda while exercising the powers as a Commissioner, Agrarian Reforms holding that both Charan Singh and Bishan Singh were forcibly dis -possessed from the land by the petitioners herein. He therefore, directed restoration of possession in their favour. The Special Tribunal did not find any substance in the revision and dismissed the same by the impugned order.

(3.) THE facts which were neither disputed before the Tehsildar nor the Deputy Commissioner are that pursuant to the Gift Deed dated 27 -11 -1968 both Charan Singh and Bishan Singh were put in possession of the disputed land. Subsequently Jodh Singh, father of Charan Singh and Bishan Singh respondents executed an agreement dated 9 -10 -1975 on their behalf undertaking to surrender possession of land comprising Khasra No.347,368, 374 & 562 in favour of Heeru, donor.