GH.MOHAMMAD MIR, I.K.KOTWAL, MIAN JALAL-UD-DIN
Jagtu – Appellant
Versus
Badri – Respondent
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 derived 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:
(i) Jagtu v. Badri and Ors. is L. P. A. No. 14 of 1972 against the judgment and decree dated 29-11-1971 of Jaswant Singh, J. (as his Lordship then was). The appeal arises out of a suit for possession of agricultural land based on the right of prior purchase. The plaintiff claimed the right of prior purchase on the ground that he was the tenant of a part of the land. A question has been raised in the appeal t
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