PREM NATH KAUL FOR SELF AND ON BEHALF OF OTHER MEMBERS OF THE KASHMIR AGRICULTURISTS ASSOCIATION SRINAGAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This appeal by special leave arises from a suit filed by the appellant in a representative capacity (Civil Suit No. 4 of 2008) against the State of Jammu and Kashmir praying for a declaration that the Jammu and Kashmir Big Landed Estates Abolition Act XVII of 2007 (hereinafter called the Act) is void, inoperative and ultra vires of Yuvaraj Karan Singh who enacted it and for a further declaration that the appellant was entitled to retain the peaceful possession of his lands.

(2.) It appears that the validity of the Act was similarly challenged by Maghar Singh by his suit filed on the Original Side of the High Court of Jammu and Kashmir (Civil Suit No. 59 of 2007); and Mr. Justice Kilam who had heard the said suit had rejected the plaintiff's contentions and held that the Act was valid.

(3.) When the appellant's suit came for trial before the District Court it was conceded on his behalf that the points raised by him against the validity of the Act had been decided by Mr. Justice Kilam and that, in view of the said decision, the appellant could not usefully urge anything more before the District Court. The learned District Judge who was bound by the decision of Mr. Justice Kilam applied it to the suit before him and held that the Act was valid and that the appellant was not entitled to the two declarations claimed by him. In the result the appellants suit was dismissed,