1. This petition, filed by one Baldev Raj s/o Devi Dass R/o Bohri Top Sherkhania, Jammu, is directed against the order dated: 30.12.2009 of respondent no. 1-J&K Special Tribunal, Jammu.

2. Brief facts relevant for the disposal of this petition are as under:

3. Petitioner Baldev Raj and respondent nos. 5 & 6 namely Dev Raj and Hem Raj, are brothers to each other being sons of one Devi Dass s/o Ghasitoo. Dispute between them is on a piece of land measuring 40 kanals and 19 marlas under Khasra No: 16 & 17 village Top Sherkhania, Tehsil Jammu which originally belonged to one Jodh Singh who expired in 30’s. Jodh Singh’s widow sold the land to Raja Ram Chand, Raja of Chenani who gave it to said Ghasitoo on cultivation. In the year 2007 svt. when Big Landed Estates Abolition Act, 1950 came into force, the land in dispute also came within the Act as Raja Ram Chand had more than 182 Kanals of land in his ownership. Raja Ram Chand made a selection, as required by the BLEA Act, but did not include the said land in his retainable unit. This land was, therefore, mutated in the name of Ghasitoo, grand father of the petitioner under section 5 of the said Act. The mutation was, however, challenged by the original landlords, but the objections of the landlords did not sustain. The landlords filed a suit for possession against said Ghasitoo, in the year 1965. On 9th February 1965 said Ghasitoo, executed a will in favour of the petitioner. On 8th of August, 1972 he died during the pendency of appeal in the Court against the decree of possession passed by the District Judge, Jammu. The petitioner claiming to be the legatee under the said will on 15.11.1972 made an application that he be made party in the appeal, pending in the High Court. On 19th of April, 1973 the appeal was, however, dismissed by the High Court. The landlords applied for execution of the said decree against the petitioner on 26th April 1976 and the executing court of City Judge Jammu directed execution of the decree against the petitioner overruling the contention of the petitioner that in view of the provisions of the Agrarian Reforms Act, the execution cannot be ordered against the petitioner.

4. Aggrieved by the said order dated 26.04.1976, the petitioner filed an appeal before the Additional District Judge, Jammu who vide his order dated 17.05.1980 upheld the objections taken by the petitioner to the execution of the decree of possession dated 19.04.1973 passed by the Hon’ble High Court and transferred the appeal of the petitioner-judgment debtor to Collector, Agrarian Reforms Jammu. The Collector held a detailed enquiry and found that the petitioner was in personal cultivation of the land and that the petitioner is entitled to get ownership rights on payment of levy, under the provisions of the Agrarian Reforms Act, 1976.

5. Aggrieved by the order of the Collector dated 05.05.1981 the landlords preferred an appeal before the Agrarian Reforms Commissioner against the said order which was dismissed by the Commissioner and it was observed that the Collector Agrarian Reforms correctly held that the execution application filled by the appellant landlord is not maintainable nor is the decree sought to be executed operative or capable of execution in light of the specific provisions of the Agrarian Reforms Act, 1976. The Commissioner further found that the Collector has rightly held that respondent i.e petitioner herein is entitled to ownership rights under the provisions of the Agrarian Reforms Act, 1976.

6. Against the order of the Commissioner the landlord filed a revision before the J&K Special Tribunal which got dismissed on 22.12.1983 and it was held that Ghasitoo is entitled to get ownership rights under the Agrarian Reforms Act, 1976, and that after his demise his successor-in-interest will get the same.

7. In view of these orders, the Tehsildar on 06.05.1987 attested mutation no. 4192 in favour of the petitioner. Pursuant upon the attestation of mutation under section 4 of the

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