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Regular list

Item No.8

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

LPAOW No.26/2002, MP Nos.29/2007 & 33/2002

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Date of order: 20.07.2017

Banti Devi and Ors. v. Lochan Singh and Ors.

Ram Saran

v. Lochan Singh and ors.

Coram:

Hon’ble Mr. Justice Alok Aradhe, Judge

Hon’ble Mr. Justice Sanjeev Kumar, Judge

Appearing counsel:

For the Appellant/petitioner(s) : Mr. V R Wazir, Sr. Advocate

With Mr. Vinayak, Advocate.

For the Respondent(s) : Mr. F A Natnoo, Advocate for 3&4

With Mr. A G Sheikh, Advocate..

None for R-1 and 5.

i/

Whether to be reported in

:

Yes/No

Press/Media

ii/

Whether to be reported in

:

Yes/No

Digest/Journal

Per-Alok Aradhe,J:-

In both the appeals, the appellants have assailed the

validity of the judgment dated 07.12.2001 passed in

OWP No.942/2001 by which the learned Single

Judge has disposed of the writ petition preferred by

the respondent No.1 by issuing the directions which

are contained in concluding part of the judgment. In

order to appreciate the appellants’ challenge to the

impugned judgment, few facts need mention which

are stated infra.

2.

The land admeasuring two kanals and one marlas

2

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forming part of the Khasra No.750/720/ 393 &

553/720/ 393 situate at Village Manda, Tehsil

Akhnoor was held by one M/s Rakha and Shafi sons

of Labhu and Ghisitu S/o Mukham Din as occupancy

tenants. It is an admitted fact that the aforesaid

persons were not personally cultivating the land as

the same was recorded in possession of one Chetu,

the father of deceased appellant in LPA No.26/2002.

Sometime in the year 1985-86, the land in question

was declared as evacuee property because of

migration of occupancy tenants. The aforesaid fact

came to the notice of the Custodian of Evacuee’s

Property, he filed an application under Section 7 of

the J & K Restitution of Mortgaged Properties Act,

1976 for redemption of the mortgage which was

allowed on 30.11.1989. The deceased appellant

challenged the aforesaid order of redemption before

the

appellate

authority.

However,

the

appeal

preferred by the deceased/appellant was dismissed

by the appellate authority on 23.08.1990 and the

revision preferred by the deceased by the J and K

Special Tribunal on 11.03.1991. The deceased

appellant challenged the aforesaid orders in OWP

No.226/1991 in which inter alia learned Single Judge

held that admittedly the deceased appellant’s father

was in cultivating possession of the land in question

as a protected tenant. It was further held that the

3

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deceased appellant having become protected tenant

by operation of law could not have been evicted from

the land even as evacuee and therefore, the question

of eviction of the deceased appellant from the land in

question does not arise. Accordingly, the writ petition

was allowed and the order passed by the appellant

authority as well as Tribunal were quashed. The

aforesaid order was upheld by the Division Bench of

this Court in LPAOW No.193/1999 vide order dated

11.10.1999. Eventually, the aforesaid order was

upheld by the Supre