1. Order dated 20.9.2001 passed by Additional Deputy Commissioner with powers of Commissioner Agrarian Reforms Kathua (here-in-after referred as Commissioner) dismissing appeal filed by the petitioners against the orders dated 26.12.1992 passed by Assistant Commissioner (Revenue) Kathua (ACR) in the capacity of Collector has been challenged in this petition on the ground that the important question of law and public interest is involved. The order dated 26.12.1992 was passed in the suit filed before ACR by respondents No. 1&2 for adverse possession over the land measuring 20 Knals falling under Khasra No. 56 in village Gainda Ths. Kathua. The petitioners have also filed separate revision against the order of ACR dated 17.4.1993 in a suit filed before him by the respondents No.1 &2 and one Joginder Raj in respect of land measuring 25 Kanals 16 marlas falling in number Khasra 125/104/56 of the same village claiming adverse possession over the same. Because both the appeals filed against the above said orders have been disposed of by the appellate court by common order so in order to avoid repetitions of the facts and law, which are to larger extent similar, it is proposed to decide both the revision petitions by a common order.

2. The brief facts of the case as disclosed from the record are as under:-

Khasra No: 56 under Khewat No: 1 measuring 215 kanals and 6 marlas in village Chak Gandia Tehsil Kathua was in possession of the original land owners before the Big Landed Estates Abolition Act 2007 came into force. Under this Act proprietary right of the original landowners came to be extinguished over 80 kanals of land (46 Kanals 11 Marlas and 33 Kanals 9 Marlas) on the Southern side which was under the cultivation of Manglu and Khanu as tenants in Kharif 2007 Bikrimi, by virtue of mutations No:19 and 30 attested on 13th Chet 2007. The remaining land measuring 135 kanals and 6 marlas was brought under cultivation by the original land owners.

Khewat No:1 consisting of khasra No:54,55,56,87/5,88/5 measuring 307 kanals, according to Jamabandi of 1971-72, was owned by Gurpartap Singh and others sons of Sant Ram, Gurdarshan Singh and Ors. Ss/O Sher Singh and Shiv Singh s/o Bhagwan Dass in equal share of about 100 kanals each.

3. Gurdarshan Singh and his three brothers gifted 66 kanals and 15 Marlas to petitioner No: 3 through registered gift deed dated 26.3.1994. Similarly other two brothers of Gurdarshan Singh sold 33 kanals and 6 Marlas of land to petitioner No: 1 through a registered sale deed dated 28.3.1964.

4. Shiv Singh owner also gifted 98 kanals of land to petitioner No:2 through registered gift deed dated 9.2.1966. The remaining 2 kanals were retained by Shiv Singh. Petitioner No: 2 Vidya Rani subsequently gifted away 58 kanals of land to petitioner No: 4 Ved Kumari. 100 kanals, share of Gurpartap Singh and his brothers in kharif remained intact in holding.

5. After conferring ownership rights upon Manglu and Khanu on the southern side of khasra No: 56 in respect of 80 kanals of land, the land was demarcated showing the sides on which the ex-owner and ex-tenant had occupied the land. The original number khasra 56 was also bifurcated in different number khasra. 56-min measuring 135 kanals remained with the owners and land measuring 80 kanals given to Manglu and Khanu was numbered as 125/104/56.

6. In 1980 an application was made by Dhanu and Ors. who were recorded as tenant of Manglu and three sons of khanu as per khasra Girdawari of Rabi 1986 in respect of 80 kanals of land under khasra No: 125/104/56, in equal share.

7. The matter was disposed of by virtue of mutation No:104 attested on 26.11.1980 according to which 54 kanals 15 marlas were shown in possession of petitioner No:1, 29 kanals 8 marlas with petitioner No:1 and 3. Manglu and three sons of Khanu, Premu, Nasibu and Lekhu were directed to be recorded in possession of 54 kanals 15 marlas out of 80 kanals of land transferred to them under Big Landed Estate Abolition Act (her

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