1953 Supreme(J&K) 7
JANKI NATH WAZIR, M.A.SHAHMIRI
Maghar Singh – Appellant
Versus
Principal Secretary, J&K Govt. – Respondent
Advocates Appeared:
Advocate For Appellant: B.N. Nehru
Advocate For Respondent: Jaswant Singh
Shahmiri J. - This judgment shall dispose of two appeals-Civil First Appeal No. 29 of 2008 from the judgment and decree of Kilam J. dated 11th Magh, 2008 and Civil First Appeal No,.4 of 2009 from the judgment and decree of the District, Judge, Kashmir, elated 23rd Magh, 2008. In the suit before the learned Single Judge of this Court Maghar Singh, appellant, prayed for a declaration that the Jammu and Kashmir Big Landed Estates (Abolition Act, 2007 is ultra vires of the powers of Shree Yuvaraj and therefore in spite of the passage of this Act the plaintiff continues to be the lawful owner of 811 kanals of land situate in villages Kadyal and Kotli Arjansingh, Tehsil Ranbirsinghpura, District Jammu. In the suit before the learned District Judge which was instituted by Badri Nath Munshi and another on their own behalf and on behalf of the Jammu and Kashmir Agricultural Association the appellants, sought the declaration that the Jammu and Kashmir Big Landed Estates (Abolition) Act, 2007, was invalid and the appellants and other landowners (members of the Jammu and Kashmir Agricultural Association) in the State are and shall continue to be in peaceful possession and enjoyment of their la
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