Ved Parkash & Ors vs Suresh Kumar
2025 Latest Caselaw 24 J&K

Citation : 2025 Latest Caselaw 24 J&K
Judgement Date : 2 May, 2025

Jammu & Kashmir High Court

Ved Parkash & Ors vs Suresh Kumar on 2 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                 Serial No. 113


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU
RSA No. 7/2025
CM No. 2543/2025


Ved Parkash & Ors.

                                     .....Appellant(s)/Petitioner(s)

                 Through: Mr. R.K.S. Thakur, Advocate

            Vs

Suresh Kumar
                                               ..... Respondent(s)


                 Through:

CORAM:    HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                         ORDER

(02.05.2025)

01. The respondent-Suresh Kumar, being the sole plaintiff,

instituted a civil suit for declaration against four

defendants, who are appellants herein, thereby seeking a

decree of declaration with recovery of joint possession

and for permanent prohibitory injunction with respect to

the suit property obtaining in the form of land falling

within the definition of land under the J&K Land

Revenue Act Svt., 1996.

02. The declaration sought by respondent/plaintiff is that he

is a joint protected tenant with respect to the suit land

and on that basis entitled to recovery of joint possession

of the suit land and then consequent permanent

prohibitory injunction against the appellants/defendants.

The respondent/plaintiff set up that he has a half share

in the lease hold rights qua the suit land as a protected

tenant.

03. The trial court of learned Sub-Judge, Udhampur, upon

the preliminary objection raised by the appellants in their

written statements with respect to the maintainability of

the civil suit in terms of the bar of civil court jurisdiction

created under section 84 of the Tenancy Act Svt., 1980,

came to dismiss the suit holding it not maintainable by

virtue of an order and decree dated 16.02.2017 against

which civil first appeal came to be taken by the

respondent/plaintiff before the Court of Principal District

Judge, Udhampur on file No. 17/Civil Appeal on

01.03.2013 which came to be disposed of by judgment

and decree dated 20.01.2025 upsetting the dismissal of

the respondent/plaintiff's suit holding it maintainable

under section 9 of the Civil Procedure Code Svt., 1977

read with section 84 (1) (a-1) of the Tenancy Act Svt.,

1980 and remanding the suit for trial on merits.

04. The appellants are aggrieved of this outcome of civil first

appeal and are therefore, now in civil second appeal

under section 100 of the J&K Code of Civil Procedure

Svt., 1977 seeking the adjudication so made by the first

appellate court.

05. Learned counsel for the appellants submits that learned

appellate court has gone totally wrong in appreciation of

the scope of section 84 (1) (a-1) of the Tenancy Act Svt.,

1980, which by every stretch of meaning, construction

and interpretation envisages a case for declaration and

recovery of right of protected tenancy to be cognizable by

the revenue officers as provided under J&K Land

Revenue Act Svt., 1996 thereby expressly ousting the

jurisdiction of civil court otherwise ordinarily available

under section 9 of the J&K Code of Civil Procedure Svt.,

1977.

06. Section 84 (1) (a-1) of the Tenancy Act Svt., 1980 reads

as under :-

"Applications and proceedings cognizable by Revenue Officers"

(1) The following applications and proceedings shall be disposed of by Revenue Officers as such, and no Court shall take cognizance of the matters with respect to which any applications or proceedings might be instituted:-

(a) Applications by a landlord or a tenant for declaration of a right of occupancy under section 7-

A (1) and (3) ;

[(a-1) applications by a tenant under section 15-B for declaration and entry of a right of protected tenancy, or by a landlord to prove that a tenant has not such a right;]

07. There is a scope for the maintainability and entertaining

of the present civil second appeal involving substantial

questions of law. The appellants have come forward

proposing the substantial questions of law as set out in

para 11 of the memo of the appeal.

08. The question of law which comes forth to be framed in

the civil second appeal is:- "Whether the declaration

being sought by the respondent/plaintiff in his civil suit

with respect to protected tenancy status and right qua

the suit land is the same declaration which intended to

be examined and adjudicated upon in terms of section 84

(1) (a-1) of the Tenancy Act Svt., 1980 by the revenue