HABIB LONE Vs. MOHAN LAL

JUDGEMENT

(1.) THE above noted cases have been referred to the Full Bench for an authoritative pronouncement on the procedure to be adopted by civil courts in pending cases relating to disputes of land as defined in the Jammu and Kashmir Agrarian Reforms Act of 1976, in short, "The Act of 1976."

(2.) THESE references seek an answer to the question whether Sections 25 and 19 (3) (e) of the Act of 1976 operate as a bar to the cognizance by the civil courts of all such causes and these cases are required to be transferred to the new forum created under Sec. 19 of the Act of 1976. These references involve the interpretation of the expression "cases of other dispute" occurring in Section 19 (3) (e) of the Act of 1976.

(3.) IT will be appropriate to give a brief sketch of the facts of each case: (1) Habib Lone and another v. Mohan Lal and another is Civil Second Appeal No. 9 of 1970 against the judgment and decree of the District Judge, Baramulla, dated 8 -8 -1969. The appeal arises out of a suit for possession on the basis of right of prior purchase in respect of