High CourtsSingle Bench

Khalik Khan vs Mumma Bhat and anr.

Jammu And Kashmir High Court · Decided on 24 September 1982 · Citation: (1982) SriLJ 544

HON’BLE JUDGES
Mufti Baha-ud-Din Farooqi, C.J
CASE NUMBER
Civil Revision No. 24 of 1980

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Judgment

8 paragraphs · 196 words

This revision stands concluded by the judgment of this court in Haji G. M. Bhat Verses G. H. Nehvi, civil revision No. 159 of 1978 (S. L. J. 1981,

J&K, 405). In that case Section 19 (3) (e) of the J&K Agrarin Reforms Act, 1976, fell for consideration of this court, and it was held by the court

that the said Section contemplates suits and proceedings between a recorded owner or intermediary on one hand and party in possession on the

other in which the right to possess is clamed or disputed and that suits or proceedings alone were liable to be transferred for disposal to the

Collector. In the present case, the plaintiff has claimed possession on the basis of right of prior purchase which obviously does not satisfy the

criterion laid down in the aforesaid case. Consequently the order of the District Judge declining to transfer the case to the Collector under Section

19 (3) (e) of the J&K Agrarian Reforms Act, 1977, cannot be said to be erroneous. There is no merit in this revision which is hereby dismissed.

The parties are directed to appear before the court below on 4th October, 1982,