Decided on April 02,1993

BUTA SINGH Appellant
Joint Financial Commr. And Others Respondents


S.M. Rizvi, J. - (1.)In this writ petition, the order of the Joint Financial Commissioner, Agrarian Reforms, Jammu dated 9-4-1992 disposing of three appeals and remanding the case to the Deputy Commissioner, Jammu for fresh inquiry has been challenged.
(2.)Briefly stated, the case of the petitioner is that his father late Pherala Singh along with his brother Makhan Singh was in cultivating possession of land comprising in Khasra Nos. 197 and 198 measuring 28 Kanals and 2 Marlas (Khasra No. 197,15 Kanals and Khasra No. 198, 13 Kanals and 2 Marlas). His uncle Makhan Singh died 30 years back, and the land in his cultivating possession remained under the cultivating possession of his father as a tenant. After the death of the petitioner's father, he succeeded as a tenant of whole of the land comprising of Khasra Nos 197 & 198. The entries in this regard have been made in the revenue records. The respondent Harnam Singh was the owner of the land, whose rights stood extinguished by virtue of Sec. 4 of the Agrarian Reforms Act w.e.f. July, 1976. The proceedings for declaring the petitioner as the prospective owner were started by Tehsildar, Agrarian in 1981. Allegedly, the Tehsildar disputed his right to hold the land comprising of Khasra No. 197. However, he clearly held him to be in cultivating possession of the land comprising of Khasra No. 198 in Kharief, 1971, and held him to be its prospective owner. This order was passed by Tehsildar. Agrarian Reforms in mutation No.15851 dated 16-9-1981.
(3.)The respondent Harnam Singh had filed a civil suit in 1976 against him for possession of the land in the court of Sub Judge, Jammu, which came to be decided on 6-5-1978. The civil court held the petitioner to be in cultivating possession of the suit land as the tenant of Harnam Singh. Thereafter, Harnan Singh filed a suit in the court of Collector. Agrarian Reforms, Jammu, seeking a decree of declaration and possession. The Collector held the petitioner to be in the cultivating possession c land comprising of Khasra No. 198, and to the extent, upheld the finding of Tehsildar. Th Collector, however, held that the land comprising of Khasra No. 197 should revert back ti Harnam Singh as owner, as allegedly, the petitioner could not prove his legal possession over the same.

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