The central legal point established in the judgment is the interpretation of rent entries in mutations attested under the Agrarian Reform Act and the applicability of the Limitation Act in entertaining appeals against non est mutations.

1. This revision petition has been directed against the order of Additional Dy. Commissioner kathua with powers of Agrarian Reforms Commissioner, dated 21.12.2005, by virtue of which appeal of respondents has been allowed and case has been remanded to Tehsildar Agrarian Reform Billawar, for holding fresh enquiry.

2. Petitioners have challenged the impugned order on the grounds that, their parents were in cultivating possession of land falling under khasra numbers 247, 252, 256, 259, 260, 261, 262, 310, 321, 322 and 324 since 1950, so were tenants. That parents of respondents were owner of above mentioned. The rent of tenancy was fixed as one fourth of the produce. That on 28.2.1982, mutation no. 1204 u/s 4 of Agrarian Reform Act was attested and land a was extinguished to State from owners.That on 3.1.1989, mutation no. 1416 u/s 8 of Act was attested in favour of petitioners. That the petitioner paid Rs. 12494/- and 1069.93 paisa as rent @ one fourth of the produce to owners. That petitioners became absolute owner of the said land.

3. That respondents challenged the mutation no; 1416 attested on 3.1. 1989 u/s 8 of the Act, before the Court below on 25.5.2000. That appeal was time barred and so order impugned is without provision of law. The Court below without appreciation of record, passed the order and held that tenants were paying rent @ 1/2 of the produce.

4. I have heard both the counsels at length and perused the record. From the perusal of records it appears that, Tehsildar Agrarian Reforms Billawar on 3.1.1989 attested mutation no. 1416 with regard to land and conferred ownership right on a petitioner u/s 8 of Agrarian Reform Act and mentioned rent @ 1/2 of produce.

5. Respondents filed an appeal before court below stating that mutation has been attested in ex-parte and in column 4 and 12 of mutation no. 1204 dated 28.2.82 attested u/s 4 of act, it has been recorded that tenants used to pay rent @ one half of the produce. Whereas, while attesting the mutation 1416 u/s 8 of Act, it has wrongly been mentioned that tenants were paying rent @ one fourth. Court below after appreciating the arguments, allowed the appeal and remanded the case back to Tehsildar.

6. Concluding para of impugned order is reads as under;

I have due consideration to the arguments put forth by the learned counsel for the parties and have gone through the records available on the file. From the perusal of column no. 6 of purport of copy of mutation no; 1204 of village Dungran Tehsil Billawar, it is revealed that tenants used to pay the rent @ 1/2. But in the order under appeal passed on mutation no; 1401, the rent payable was recorded @ of the produce. The entry of rent of jamabandi was corrected by Assistant Commissioner vide his order dated 24.4.1991 from to 1/2. This order was upheld by the Divisional Commissioner Jammu in an appeal titled Dewan Chand and others Vs. Lachman Dass and others vide his order dated 4.3.1999. The payment of rent @ 1/2 of the produce has not been made to the ex land-lord as per the order of worthy Divisional Commissioner Jammu which has not been found challenged by the respondents in any Court of law. The delay in filing the appeal is hereby condoned as there are sufficient cause for condoning the delay in filing the appeal. Therefore the impugned order passed by the Tehsildar Agrarian Reforms, Billawar is bad in law which deserves to be set aside and case has remanded to Tehsildar Agrarian Reforms Billawar for fresh enquiry in view of the aforesaid commentary and pass afresh order under ;aw after recovering the balance rent @ one half of the produce from the tenants/respondents. Staus-quo order issued, if any, is hereby vacated. A copy of the order shall go to Tehsildar Agrarian Reforms Billawar for necessary action. This Court file be consigned to records after due completion.

Announced

21.12.05	Sd/-
	(Charanjit Singh) KAS
	Addl. Deputy Commissioner
	Kathua with powers of Agrarian reform commissioner

    7. Bare per

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