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2009 Supreme(J&K) 654

A.K.Shan
Nek Ram – Appellant
Versus
Dewan Chand – Respondent


Advocates Appeared:
Sunil Kumar, Danish Bhat.

1. In this revision petition order dated 16.9.2006 passed by Additional Deputy Commissioner with powers of Commissioner Agrarian Reforms, Udhampur (hereinafter called the Commissioner) has been sought to be set aside on the ground mentioned in the revision petition. Question of law involved is as to whether Agrarian Reforms Act is applicable to the land in question and the appellate court after holding the appeal time barred was competent to touch the merits of the case or not.

2. The brief history of the case as traceable from the record in nut shell is as under:-

There are two parcels of land under survey No:1617/140 (6 marlas) and 141 (8 marlas) in village Hartaryan Tehsil Ramnagar District Udhampur. The petitioners claim that they are in possession of the same from the time of their forefathers in which two kotha existed in which they are residing till date, but the respondent has managed a false entry in the revenue record showing him in possession of the land. According to the petitioners, at their back the then Tehsildar Agrarian Reforms Ramnagar attested mutation No: 694 dated 25.1.1981 under Section 4 of the Agrarian Reforms Act (here-in-after referred the Act), and declared

























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