Protected tenants cannot be evicted without due process and adherence to principles of natural justice, as established under the J&K Tenancy Act.

JUDGMENT :

1. The petitioners are aggrieved of and have called in question an order bearing No.18DIVK of 2021 dated 23.04.2021 passed by Divisional Commissioner Kashmir, Srinagar to the extent and insofar as it directs that the entries made in the revenue record of land measuring 159 kanals 10 marlas and 192 sft. covered by Survey No.55 min situate in Estate Barzulla, which includes the land measuring 6 kanal and 10 marlas, as well, be expunged and the possession of the land be handed over to respondent No.7.

2. The case set up by the petitioners is that the grandfather of the petitioners, namely, Mian Mohammad Sultan was in possession of land measuring 8 kanals covered by Survey No.55 situate at Barzulla, Srinagar as tenant thereof. On his death in the year 1958, the said land came in possession of father of the petitioners, namely, Mian Abdul Rahim. In the year 1960, a revenue court, on an application of one Baba Girdhari Das, Mahant Mandir Raghu Nath Ji, passed a decree of eviction against the petitioners‟ father and others, which was challenged by them before the higher forums including this Court.

3. A suit also came to be filed by Mahant Baba Girdhari Das in the Court of City Munsiff, Srinagar for grant of a decree of mandatory injunction for evicting father of the petitioners and others from the land in question. There were also proceedings under Section 145 Cr.P.C launched by Mahant Baba Girdhari Das before the Court of City Munsiff (Judicial Magistrate 1st Class), Srinagar, who while passing order under Section 145 Cr.P.C attached the subject land and handed over the same on spurdnama to one Abdul Rehman of Barzulla.

4. With a view to amicably settle the dispute, father of the petitioners and others and Mahant Baba Girdhari Das entered into a compromise whereunder out of the 8 kanals of land under possession of the petitioners‟ father, the father of the petitioners got 4 kanals for cultivation and left the other four kanal in favour of Mahant Baba Girdhari Das. On the basis of the compromise entered, a compromise decree was passed by the City Munsiff, Srinagar on 08.12.1970.

5. It is submitted that after the passing of the compromise decree, 4 kanals out of the land which was attached under Section 145 Cr.P.C was handed over to the petitioners' father. After entering into the compromise, Mahant Baba Girdhari Das passed away and in his place one Major Arjun Das, his nephew, took over as Mahant of the temple. On the basis of the Will executed by Mahant Baba Girdhari Das, a mutation was attested in favour of Major Arjun Dass on 15.03.1971. It is the case of the petitioners that Major Arjun Das, who had succeeded to Mahant Baba Girdhari Das as Mahant of the temple, entered into an agreement to sell with father of the petitioners and one Ahad Dar on 12.04.1973. The petitioners‟ father was handed over possession of 2 kanal and 10 marlas more subject to payment of Rs.3400/-. The petitioners submit that this is how, their father came in possession of total land measuring 6 kanal and 10 marlas. The father of the petitioners passed away on 04.06.2010 and ever since the aforesaid land belonging to the temple is in possession of the petitioners as tenants thereof.

6. The petitioners further submit that after the death of Major Arjun Das, the entire land belonging to the temple measuring more than 159 kanals came to be mutated vide mutation order No.1058 dated 23.07.1983 in favour of his two sons, namely, B.K.Sharma and Vijay Sharma. This mutation was challenged by respondent No.7 along with Dharamarth Trust before the Financial Commissioner (Revenue). The Financial Commissioner (Revenue) vide its order dated 16.10.2019 rejected the claim of the Dharmarth Trust to take over the properties of the temple but set aside the impugned mutation and referred the matter to the Deputy Commissioner, Srinagar to take appropriate steps to put in place a mechanism to manage the temple in a fair and transparent manner for the benefits of the devotees.