The Tribunal's jurisdiction is limited to the powers conferred by the statute, and it cannot exercise powers not provided by the Act.

1. A petition captioned 'Kartar Singh v. Dina Nath and ors', seeking restoration of possession of evacuee land, was filed before the Custodian, Jammu. Dina Nath and Nirmal Devi, the respondents in the said petition, filed an application seeking transfer of the case from the files of Custodian, Jammu, to any other competent court for its disposal on merits, before the Jammu and Kashmir Special Tribunal, Jammu (for short called the "Tribunal"). The Tribunal vide its order dt. 1st of June'07, allowed the said transfer application and directed the transfer of the case from Custodian, Jammu, to the Custodian General, Jammu, for its disposal under law. It was also provided that the Custodian General can assign the case and delegate powers to any officer in terms of Rule 4 and 4-A or any provision of the Evacuee (Administration of Property) Rules. It is this order, which is called in question in this petition on the ground that the Tribunal has no power to order for transfer of the case from the files of Custodian, Jammu, to the files of Custodian General, Jammu.

2. Learned counsel for the petitioner submitted that in terms of the Jammu and Kashmir Special Tribunal Act, 1988 (for short called the "Act of 1988"), no power has been conferred to the Tribunal for transferring a case from the files of one authority to another authority. Learned counsel submitted that the order impugned has been passed by the Tribunal without any authority and the same requires to be quashed.

3. Learned counsel for the respondents, while referring to Section 3 of the Act of 1988, read with Rule 2(g) of the Jammu and Kashmir Special Tribunal Rules, 1986 (here-in-after called the 'Rules of 1986), submitted that the Tribunal has the power and authority to entertain the transfer application and to order transfer of the case from the files of one authority to another authority. Learned counsel also submitted that in terms of Rule 23 of the Rules of 1986, the Tribunal has also the power to call for the record of subordinate courts/authorities of any case suo moto or on a petition filed by any party and this power can be exercised even for transfer of a case from the files of one authority to another authority.

4. Section 2(b), 3 and 4 of the Act of 1988, Rule 2(g), and Rule 23 of the Rules of 1986 are taken note of:

"Sec.2(b): "Tribunal" means the Special Tribunal constituted under this Act."

"Sec.3. Appeals, revisions etc. to the Tribunal

(1) Notwithstanding anything contained in any law made by the State Legislature, but save as otherwise provided in sub-Section (2) an appeal, revision or review petition which under any such law lies to the Govern#31;ment or a Minister shall, from such date as may be appointed by the Government by notification in the Government Gazette, lie or be so pre#31;ferred, brought, made or presented to the Tribunal and accordingly any reference in any provisions of such law,, which relate to the matters aforesaid, to the Government or the Minister shall be construed as a reference to the Tribunal."

(2) Nothing in sub-section (1) shall apply to any appeal, revisions or review petitions arising by or under the provisions of Jammu and Kashmir Grant of Permanent Resident Certificate (Procedure) Act, 1963, or the rules framed thereunder.

(3) The Tribunal shall also exercise all the jurisdiction, powers and authority in relation to such appeals, revisions and review petitions as the Legislature may by law provide."

"Section 4. Establishment and composition of the Tribunal.

(1) The Government may, by notification in the Government Gazette, establish a Tribunal to perform the functions and to exercise the powers under this Act.."

"Rule 2(g): "Petition" means appeal, revision, review or an application."

"Rule 23. The Tribunal shall have the power to call for the record of subordinate courts/authorities of any case suo moto or on the petition filed by any party."

5. Section 2(d) defines "Tribunal" which means the Special Tribunal consti#31;tuted under the Ac

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