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2023 Supreme(J&K) 274

SANJEEV KUMAR, PUNEET GUPTA
Sanjeev Anthal – Appellant
Versus
J&K Special Tribunal Jammu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jagpaul Singh Advocate
For the Respondent:Mr. R.K.S.Thakur Advocate

JUDGMENT :

Sanjeev Kumar, J.

1. One Sh. Mehandi was the occupancy tenant of land measuring 32 kanals, 12 marlas underlying khasra No. 50 situate at village Batna, Tehsil Chenani, District Udhampur [“the subject land”]. It is claimed by the respondents [“the private respondents”] that” in the year 1968, they all migrated from village Dhanmasta Tehsil Banihal to village Batna and started cultivating the subject land as tenants under the occupancy tenant, namely Mehandi. The entry in the revenue record, however, continued in the name of Mehandi and his brother Titru. After inducting the private respondents as tenants, both Mehandi and Titru left the village and settled somewhere in village Kud. It is claimed that subsequent to the migration of Mehandi and Titru from village Batna, the private respondents came to be recorded in cultivating possession in the khasra girdwari of Rabi 1984. The private respondents approached Tehsildar Chenani for conferment of ownership rights upon them qua the subject land on the ground that they were in cultivating possession as tenants since 1970. They were, however, informed by the revenue Authorities that mutation No. 62 dated 29.08.1980 had already bee

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