JAGTU Vs. BADRI

JUDGEMENT

(1.) These bunch of cases in the nature of appeals, revisions, and references have been referred to the Full Bench and raise common questions of law of general importance relating to interpretation of Section 19 (3) (e) and Section 25 of the Jammu and Kashmir Agrarian Reforms Act of 1976, (Act No. XVII of 1976), for short, to be referred to as the "Act of 1976". It has been debated that by virtue of the operation of the above mentioned Sections, jurisdiction of civil courts to decide all causes relating to land as defined in the Act of 1976 is barred as the law aims at completely ousting the jurisdiction of civil courts from taking cognizance of all such cases. It will be appropriate to give a brief sketch of the facts of each case:

(2.) It is appropriate to mention here that a Full Bench of this Court has also had an occasion to hear some other similar cases pending in the Kashmir Wing of the court. These cases also raise identical questions of law. Brief synopsis of these cases will, however, appear in the other judgment to be delivered in those cases. The law that will be laid down and the principles that will be enunciated in this judgment will equally apply to those cases as well.

(3.) Needless to say that in none of the cases has the vires of the Act been challenged before us. Nor does such a question fall within the ambit of any of the references made to the Full Bench, We are given to understand that the question regarding the constitutional validity of some of the provisions of the Act is pending before the Supreme Court of India in some other cases.