AHAD BANGROO Vs. ALI MOHD BHAT

JUDGEMENT

(1.) THIS is a motion for the admission of a Civil Second Appeal, directed against the order dated 2.9.1988, passed by the learned District Judge, Srinagar, up -holding the order dated 15.10.1986, passed by the learned Sub Judge, (Judge Small Causes Court) Srinagar whereby he has held the plaintiff/appellants suit as not maintainable in terms of section 25(b) of the J&K Agrarian Reforms Act, 1976 and returned the plaint to him.

(2.) THE plaintiff was in cultivating possession of the suit land measuring 3 kanals and 7 marlas, owner whereof was the defendant. After coming into force of the Agrarian Reforms Act, the defendant moved an application before the Collector concerned for declaring the said plot of land having been reserved for residential purposes by him and prayed for ejectment of the plaintiff from the same. After due inquiry, the collector granted the defendants application, and consequently, the plaintiff was ejected from the land and its possession handed over to the defendant. The plaintiff filed an appeal against the said order of the Collector before the Joint Agrarian Commissioner. The parties, however, entered into a compromise before the Joint Agrarian Commissioner, and consequently, the plaintiff withdrew the appeal after getting a sum of Rs. 6,300/ - from the defendant as a consideration for the same. The said appeal was withdrawn on 12.8.1981. After some time, the plaintiff filed a writ petition also against the said order of the Collector. The same was later on withdrawn by him after keeping it pending for about three years. Thereafter, on 3.6.1985, he filed a civil suit for declaring the said order of the Collector as void, and for possession of the land in question.

(3.) THE suit was resisted by the defendant on various grounds. In the first instance, some preliminary issues were framed by the trial court. After hearing the parties on the said issues, the said court was of the opinion, that in the facts and circumstances of the case, the civil court has no jurisdiction to hear the case. The suit was held to be hit by section 25(b) of the J&K Agrarian Reforms Act of 1976 and not maintainable as such.