Advocates:
['P N RAINA', 'SR ADV', 'D R KHAJURIA', '', 'ANIL VERMA', 'D C RAINA SR ADV', 'M A BHAT', 'ANANTA RAINA']

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

LPAOW no. 56/2010

CMA no. 82/2010

Date of order: 27.01.2014

Baldev Raj

v.

J&K Special Tribunal and ors.

Coram:

Hon’ble Mr. Justice M. M. Kumar, Chief Justice

Hon’ble Mr. Justice Hasnain Massodi, Judge

Appearing Counsel:

For the appellant(s)

:

Mr. P. N. Raina, Sr. Advocate with

Mr. O. P. Thakur, Advocate.

For the respondent(s)

:

Mr. D. R. Khajuria, Advocate.

1.

Whether to be reported in

:

Yes

Press/Journal/Media

2.

Whether to be reported in

:

Yes

Digest/Journal

Per Massodi, J

1.

Subject matter of the dispute is a plot of land

measuring 40 kanals and 19 marlas comprising Survey

Nos. 16 & 17 situated at Village Top Sherkhania,

Jammu

(hereinafter

called

“land

in

dispute”).

Chronologically, the litigation over the land in dispute

may be divided into two phases. In the first phase, the

reversionaries of original owner of the land, Shri Jodh

Singh, fought a long drawn legal battle with Shri

Ghasitu Ram - the tenant inducted by alienee of limited

owner, namely, Smt. Dadwal widow of Jodh Singh. The

litigation started in 1936 A.D and came to an end on

05.11.1986. The controversy died down once the

reversionaries lost the battle, not for the reason that

this Court did not find merit in their claim, but

because of enactment of J&K Agrarian Reforms Act,

2

1976. The appellant herein – grandson of the tenant

inducted by alienee of the limited owner, fought a lone

battle against the reversionaries. His brothers did not

join him in this battle. They, however, surfaced with

their claim to the land in dispute, as legal heirs of

Shri Ghasitu Ram - the tenant inducted by alienee of

the limited owner after the land was mutated in

appellant’s favour. The second phase of litigation

commenced on 21.09.1989 and continues to engage

the parties.

2.

Shri Raja Ram Chand - Raja of Chenani

purchased land in dispute from Smt. Dadwal widow of

Late Jodh Singh vide Sale Deed dated 26^th Poh, 1992

Svt. (12^th January, 1936) in consideration of an

amount of Rs.1600/-. He handedover its possession to

one Shri Ghasitu Ram (predecessor of the parties in

present appeal) for its cultivation and inducted him as

a “tenant”. Shri Ghasitu Ram, thereafter, remained in

cultivating possession of the land in dispute.

3.

Shri Mukhtiar Singh, as next reversionar of late

Jodh Singh, threw challenge to the sale deed executed

by Smt. Dadwal widow of Jodh Singh, in a Civil Suit

(Suit for Declaration), filed in 1936 on the ground that

Smt. Dadwal having a limited interest in the subject

matter of sale deed, was not competent to execute the

3

sale deed and, in any case, she would not pass a better

title than she had in the land to the vendee i.e. Shri

Raja Ram Chand. The Suit was decreed. The matter

went up to the High Court and judgment and decree

was upheld vide judgment dated 25^th Poh, Svt. 1999

(1942 A.D). The execution petition filed by the

reversionars did not meet success on the ground that

the decree was not executable during life time of Smt.

Dadwal as the transferees would continue to have a

limited interest during her life.

4.

Shree Yuvaraj, in the meantime, in exercise of

powers

under

Section

5

Jammu

and

Kashmir

Constitution Act, 1996, read with the proclamation

dated 7^th Har. 2006, enacted Jammu and Kashmir Big

Landed Estates Abolition Act, Svt. 2007 (1950 A.D.).

The Act put a ceiling of 182 kanals on the estate held

by an estate holder/landlord. The land held over and

above the ceiling area i.e. 182 kanals, by such estate

holder was to go to the tenant in cultivating possession

of the land. However, the estate holder/landlord was

given a choice to select 182 kanals out of the land held

by him and the land so identified was allowed to be

retained by him.

5.

Shri Raja Ram owned an area of land much more

than 182 kanals retainable by him