KAMAL SINGH Vs. STATE

JUDGEMENT

(1.) BY means of this petition, the petitioners seek the quashment of the order dated 06/067 2003 passed by the Director, Land Records (with powers of Commissioner Agrarian Reforms) Jammu, whereby it is held that petitioners and respondents 5 to 9 as co -shares of the land in dispute, cannot derive the benefit of tenancy, which was further affirmed by the Jammu and Kashmir Special Tribunal, Jammu vide its order dated 31/07/2003, by issuance of an appropriate writ by exercise of writ jurisdiction under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir State.

(2.) THE case of the parties enumerated from record in brief is that Makhan and Malarah were real brothers, petitioners and private respondents are their descendents. Suraj Parkash, one of the co -shares, was serving in Railways and generally remained outside the State. He was co -sharer alongwith other co -sharers of the land situated at villages Kheri, Badawa Palli and Nandwal. After the death of Suraj Parkash, his legal heirs were brought on record.

(3.) THE petitioners, however, claim to have been tenants under one Ami Chand over the land in dispute in Kharif 1971, in respect of which, mutation was also attested in their favour by Tehsildar Bushman.