LASSI MATTH Vs. ALI MOHD BANGROO

JUDGEMENT

(1.) IN this civil second appeal which arises out of a suit for cancellation of the sale deeds and also for possession of the suit property, it is argued on behalf of the respondents that the case is in terms of Section 19(3) (e) read with Section 25 of the Agrarian Reforms Act of 1976, referable to the Collector having jurisdiction, which is also in accordance with the Full Bench judgment of this court in L. P. A. No. 14 of 1972 Jagtu Vs. Badri & ors.

(2.) IT is, however,urged by Mr.Chakoo appearing for the appellant that the suit involves twin prayers, one for the cancellation of the sale deeds, and the other for possession. The submission made by him in regard to the first prayer is that the suit will be retained by the civil court and thereafter the question of possession will be referred to the Collector. I am afraid this argument is not available to the learned counsel in view of the clear pronouncement of the Full Bench of this court which is to the effect that all disputes relating to possession of land whether principally, collaterally or incidentally involved required to be decided under the Act of 1976. While interpreting Section 19(3) (e) of the Act of 1976.The court opined that the expression" other cases of dispute occurring in the aforesaid Section are of wide amplitude and cover all cases in which right to possess the land is claimed or disputed. In view of these observations, the case is referable to the collector under Section 19 (3) (e) read with Section 25 of the Act of 1976. Let the case be, therefore, transferred to the Collector, Srinagar for disposal according to Law.