1

Complied
By Muneer Hussain
Librarian
Kashmir Law College

Unit I
 CHAPTER I
 PRELIMINARY

 THE J&K AGRARIAN REFORMS ACT, 1976

2. Definitions
3. Exceptions.
3-A. Occupancy tenancy of displaced persons in evacuee land

CHAPTER II
RESTRICTION ON RIGHTS IN LAND

CHAPTER III
 RECORDS OF RIGHTS AND ANNUAL RECORDS FOR GROUPS
2

The Jammu and Kashmir Agrarian Reforms Act, 1976 Act

No. XVII of 1976
CONTENTS
Section 1.
Short title, extent and commencement.
CHAPTER I
PRELIMINARY
2. Definitions
3. Exceptions.
3-A. Occupancy tenancy of displaced persons in evacuee land
CHAPTER II
RESTRICTION ON RIGHTS IN LAND
4. Vesting in the State of rights in land not held in personal cultivation.
4-A. Cancellation of mutation
5. Vesting of personally cultivated land in excess of ceiling area in the State.
6. vesting of dwelling house and of the site there under and land appurtenant thereto
in the State in certain cases.
7. Resumption for bona fide personal cultivation by ex-landlord.
8. Vesting of ownership rights in land in prospective owner.
9. Payment of rent by the tiller.
10. Mortgages of land.
11. Payment in lieu of extinguishment of rights in land.
12. Private agreement.
13. Restriction on utilization of land.
14. Optimum retainable area of land.
15. Disposal of surplus land.
16. Liability during interim period.
17. Prohibition on transfer of land.
CHAPTER III
JURISDICTION AND PROCEDURE
18. Appointment, superintendence and control of Revenue Officers.
19. Powers of Revenue Officers.
20. Special powers of officers.
21. Appeals and revisions.
22. Limitation for appeals.
23. Inquiries and proceedings to be judicial proceedings.
24. Persons by whom appearances and applications may be made before a Revenue
Officer.
3

25. Bar of Jurisdiction of Civil Court.

CHAPTER IV
SUPPLEMENTAL PROVISIONS
26. Encroachment on State land and land reserved for grazing purposes.
27. Implementation of the provisions of the Act.
28. Rights and liabilities of prospective owner.
28-A. Prohibition on transfer of certain lands.
29. Indemnity.
30. Wrong or excess payment recoverable as arrears of land revenue.
31. [x x x]. 32. Act to over-ride other laws.
33. Power to issue instructions.
34. Recoveries.
35. Transfer to defeat provisions of this law.
36. Declaration of restrictions imposed to be reasonable.
CHAPTER V
PENALTIES
37. Penalty for failure to furnish or for furnishing false return.
38. Penalty for contravention of any lawful order.
39. Penalty for damaging land.
CHAPTER VI
MISCELLANEOUS
40. Power to make rules.
41. Succession.
42. Inapplicability.
43. Repeal.
44. Validation.
Schedules
Schedule I
Schedule II
Schedule III
Part A
Part B
Part
4

The Jammu and Kashmir Agrarian Reforms Act, 1976

Act No. XVII of 1976 319

[Received the assent of the Governor on 21' August, 1976 and published in
Government Gazette dated 21" August, 1976 (Extra).]
An Act to provide for transfer of land to tillers thereof subject to certain conditions
and for better utilization of land in the State of Jammu and Kashmir.
Be it enacted by the Jammu and Kashmir State Legislature in the Twenty-
seventh year of the Republic of India as follows: -

1. Short title, extent and commencement.- (1) This Act may be called the Jammu
and Kashmir Agrarian Reforms Act, 1976.
(2) It shall extend to the whole of the State of Jammu and Kashmir.
(3) It shall come into force with effect from such date as the Government
may, by notification in the Government Gazette, appoint.
 Land Reforms is a planned and institutional reorganisation of the relation
between man and land
 Land Reforms mean deliberate change introduced into system of land tenure
and the farming structure
 Land reforms imply such institutional changes which turn over ownership of
the farms to those who actually till the soil, and which raise the size of the
farm to make it operationally viable.‖
 Land reforms mean such measures as, abolition of intermediaries, tenancy
reforms, ceiling on land holdings, consolidation and cooperative farming etc.
 Improving land tenure and institutions related to agriculture.
 Land reforms mean redistribution of property rights for the benefit of the
landless poor.
 It is an integrated program to remove the barriers for economic and social
development Caused by deficiencies in the existing land tenure system.

NEED OF AGRARIAN REFORMS ACT, 1976

1. It seeks to minimize the inequalities of income, status, facilities and
opportunities. Land ceiling minimize inequality in the land ownership and thus
reduces inequality of income.
2. It wants to ensure that the operation of economic system does not result in the
concentration of wealth. In a village, land=wealth, hence land ceiling is
necessary to prevent concentration of wealth in the hands of few.
5

3. It wants to give right to adequate means of livelihood for all citizens. Land
ceiling (and subsequent land redistribution) provides self-employment
opportunities to landless agricultural laborers.
4. If there is no land ceiling, rich farmers will buy all the land of entire village and
tehsil. But since they cannot cultivate all the land by themselves- they‘ll ‗lease‘
it to small farmers (tenants). Small farmer (tenant) doesn‘t have any
‗motivation‘ to work harder because he doesn‘t own the land and he has to give
30-50-70% of the produce to that rich farmer, as ―rent‖= exploitation.
5. So, After abolishing Zamindari, if State Governments had not implemented
Land ceiling, then rich farmers/superior tenants would have become the new
de-facto/virtual Zamindars of Modern India.

CONSTITUTIONALPROVISIONS RELATED TO LAND REFORMS

The constitution of India has included the Land reform in State subjects. The Entry
18 of the State List is related to land and rights over the land. The state governments
are given the power to enact laws over matters related to land. Part IV of the
Directive Principles of State Policy also indirectly mandates the government to take
measures for land reforms to achieve an egalitarian society. The Entry 20 in the
concurrent list also mandates the Central Government to fulfil its role in Social and
Economic Planning. The Planning Commission was established for suggestion of
measures for land reforms in the country.

 Indian constitution prohibits Begari1. But at the grassroot level, Begari

could not be stopped unless Zamindari itself was abolished.
 the constitutional provides to minimize inequality of income, status and
opportunities.2 When Zamindars controlled 40% of India‘s cultivated
land, there was no opportunity / status for tenant farmers working under
them.
 The social justice as enshrined under Indian constitution demands
equitable distribution of the material resources of the community for
common good3. But in villages, these Zamindars control ponds, lakes,
forests, grazing lands etc. and didn‘t allow others to freely access them.
 the directive principles under part IV wants to organize agriculture and
animal husbandry on modern-scientific lines,4 but Zamindars were
orthodox rent-seeking mindset, and tenant farmer had neither the money
nor the motivation to ‗scientific farming‘.

1
Article. 23 Indian constitution
2
Article 38 Indian constitution
3 Article39 Indian constitution
4
Article 48 Indian constitution
6

These laws were dragged into the court on the basis that they violated the
fundamental rights to property of the Zamindars under article 19 and
31.Consequently, the first amendment of the constitution5 was passed that amended
the constitution and secured the constitutional validity of zamindari abolition laws
passed by states

The Objectives of Land Reforms

 Tenant farmer has no motivation to improve agricultural practices because He
doesn‘t own land. he can‘t get loans through banks / formal institutions. He
has to pay heavy rent to the landowner, with the result he hardly had any
surplus income left to invest in hybrid seeds, fertilizers, pesticides, machinery
etc.
 In other words, the agrarian structure that we inherited from the past
(Zamindari, landlessness etc.) obstructs increase in agricultural production.
Land reforms will remove these obstructions.
 Land ownership/ tenure security will motivate farmers to work harder, invest
more and thus produce more. the more the income the more the standard of life
improved.
 For Development of Indian agriculture the importance of land reforms is
greater than that of technological reforms.

 It eliminates Begari (forced labour)and reduces the inequality of income and

land ownership among villagers. Land reforms provide land to landless
labourers and reduce rents. Landowner cannot evict a tenant farmer as per his
whims and fancies. It also brings change in Rural power structure by
decreasing upper caste domination. It also empowers SC/ST/OBC farmers
and agri.labourers. Thus land reform helps in maintaining Social justice in the
society.
 Land reforms increase production by abolishing intermediaries (Zamindar,
Talukdar, Jagirdar etc) and the State directly comes in contact with farmers. It
helps in rural Development and agri. Development which in turn results in
long term economic development.
 Land reforms improve standard of living by increasing agro production and by
maintaining social justice, resulting in Economic development . The standard
of living of farmers automatically increases.

5
The Constitution (First Amendment) Act, 1951.
7

CHAPTER I
PRELIMINARY
2. Definitions-In this Act, unless the context otherwise requires;
(1) ["ceiling area"]1 means the extent of land measuring twelve and a half
standard acres;
 It means fixing maximum size of land holding that an individual/family can
own.
 Land over and above the ceiling limit, called surplus land.
 if the individual/family owns more land than the ceiling limit, the surplus land
is taken away (with or without paying compensation to original owner)
 This surplus land is

a. distributed among small farmers, tenants, landless labourers or

b. handed over to village panchayat or
c. Given to cooperative farming societies.
1
[x x x x]
Category II One hundred and ten kanals;
Category III One hundred and forty kanals;
Category IV One hundred and seventy one kanals;
2
[(2) "Commissioner" means any person appointed to be the Agrarian Reforms
Commissioner under section 18 and includes any person appointed to be the Joint
Agrarian Reforms Commissioner under that section;]
(3) "defence force" means Army, Navy and Air Force of the Indian Union and
includes Border Security Force 3[Central Reserve Police, Assam Rifles] Jammu and
Kashmir Militia and Indo-Tibetan Border Force/Police;
(4) "demarcated forest' means a demarcated forest as defined in the Jammu and
Kashmir Forest Act, Samvat 1987;

Land Laws in Jammu & Kashmir 320

(5) "evacuees land" means land which is evacuees' property as defined in
the Jammu and Kashmir Evacuees' (Administration of Property) Act, Samvat 2006;
(6) "family" means husband, his wife and their children excluding—
(a) a married daughter ; and
(b) a major son separated from his father on or before the first day of
September, 1971 and holding land separately in his name;

1
an upper limit on what is allowed by Act
1
Omitted by Act No.V of 1978, s.2
2
Substituted by Act No.IX of 1987, s.2
3
Inserted by Act No.VI1 of 1979, s.2
8

(7) "head of the family" means the husband; in case of his death, wife;
where both are dead, major son, if any, included in the family; and in the absence of
such major son, the guardian of the minor children;
Explanation . - Where the deceased husband had more than one wife, each
wife along with her children will constitute a subordinate unit of the family having a
separate head in accordance with this definition;
(8) "intermediary" means a tenant not cultivating land personally and
includes a person claiming through him;
(9) "land" means land which was occupied, or was let, for agricultural
purposes or for purposes subservient to agriculture or for pasture in Kharif, 1971 and
includes-
(a) structures on such land used for purposes connected with agriculture;
(b) areas covered by, or fields floating over, water;
(c) forest lands and wooded wastes;
(d) trees standing on land; and
(e) 4[ X X X].
5
[but does not include an orchard or] site of a building or a structure within
municipal area, town area, notified area or village abadi or any land appurtenant to
such building or structure;
(10) "orchard' means a compact area of land hdving fruit trees grown thereon
or devoted to cultivation of fruit trees in such number that the main use to which the
land is put is growing of fruits or fruit trees;
(11) "owner" means a land-holder, as defined in the Jammu and Kashmir
Land Revenue Act, Samvat 1996 and includes a person claiming through him;
(12) "personal cultivation" by a person shall mean cultivation-
(a) by the person himself; or
(b) by any member of the family, if any, to which he belongs; or
(c) by a khana-nishin daughter or khana-damad or a parent of the person; or
(d) by a son, adopted son or pisarparwardah, not included in the family, if
any, to which the said person belongs; or
(e) by brother or sister of the person; or
(f) in the case of such religious or charitable institutions of public nature as
are notified by the- Government, by a member of the management or, on behalf of
the management, by a servant or hired labourer on payment of wages otherwise than
as a share of crop; or
(g) in the case of a person, who is minor, insane, physically disabled or
incapacitated by old age or infirmity, widow or serving: in defence force, or in

4
Sub-clause (e) omitted by Act No. V of 1978,s.2
5
Substituted ibid.
9

detention or prison, by a servant or hired labourer under the personal supervision of

the guamlian or any. of such person; provided that such servant or hired labourq_or
guar4i.an or agent does not bear the risk or cost of cultivation nor receives wages or
remuneration as a share of crop;
Explanations. (i) Unauthorised cultivation shall not be deemed to be personal
cultivation and, where land has been occupied unauthorisedly, the person who, but
for such unauthorised occupation, would have been personally cultivating such land
shall be deemed to be in personal cultivation:
Provided that in the case of land--
(a) which cannot thus be deemed to be in the personal cultivation of any
person; or
(b) covered by section 24 of the Jammu and Kashmir Big Landed Estates
Abolition Act, Svt. 2007; or
(c) rights wherein have been transferred against the provisions of any law
for the time being in force;
personal cultivation shall be deemed to be that of the State:
Provided further that only by reason of his having been in unauthorized
cultivation such person shall not be in eligible for allotment of the land becoming
surplus under this Act, including such land.
(ii) Where any land has been exchanged in lieu of any other land as a result of
consolidation proceedings under the Jammu and Kashmir Consolidation of Holdings
Act, 1962, any person who was personally cultivating land, so exchanged, in Kharif,
1971 shall be deemed to have been personally cultivating, in that harvest, the land
acquired in lieu of that land.
(iii) Where any land has been left fallow during Kharif, 1971 in normal course
of agricultural husbandry, personal cultivation of such land in Kharif, 1971 shall be
deemed to be of the person who personally cultivated it for three consecutive
harvests prior to Kharif, 1971.
(iv) Land under6 [x x x] kah-krisham, pichi, bedzar or safedzar, land growing
fuel or fodder and unculturable or banjar land stituated outside demarcated,
undemarcated or berun-i-line forests, shall be deemed to be in personal cultivation of
the owner.
(v) Patches of gair-mumkin and zeri-sayah (under the shade of trees) land
existing in a survey number shall be deemed to have been in personal cultivation of
the person cultivating the rest of the land in such survey number personally in Kharif,
1971.

6
The word 'orchard' omitted by Act No. V of 1978, S.2.
10

(vi) Where land has been mortgaged with possession before or during Kharif,
1971 and the mortgage has not been redeemed before the commencement of this Act,
the mortgagor shall, subject to the provisions of section 10, be deemed to have been
personally cultivating such land in Kharif, 1971.
(vii) Where possession of land has been obtained temporarily on bilateral or
trilateral basis or in lieu of payment of rent for purpose of transplanting saffron bulbs,
in accordance with the custom known locally as lara-korh or `kadawar' in saffron
growing areas of Kashmir Valley, personal cultivation of such land shall be deemed
to be of that person who would, but for such custom, have been cultivating it
personally.
(viii) Personal cultivation by a person shall not cease to be so merely because
of engagement of hired labour: Provided that the labour so engaged is supplemental
to, and not in substitution of, the labour of such person; and that such labour is paid
wages in cash or kind but not in crop share.
(ix) For determining the person personally cultivating land during Kharif,
1971, entries in khasra girdawari shall be presumed to be true unless the contrary is
proved.
(x) Where a person, after having been inducted as tenant by alienee of a
limited owner, has been in continuous cultivating possegsion of such land for not less
than twenty years prior to Kharif, 1971, such person shall be deemed to be in
personal cultivation of such land, any judgment, decree or order of any court or
authority notwithstanding.
Note:-For purposes of this clause, "limited owner" shall have the meaning as under
the Mitakshara School of Hindu Law.
(13) "prescribed" means prescribed by rules made under this Act;
(14) "prospective owner" means a person eligible, by or under this Act, to be
vested with the rights of an owner;
(15)"Schedule" means a Schedule appended to this Act;

(16)"standard acre" means a measure of an area 'convertible into an ordinary

acre of land in accordance with the provisions of Schedule I;
(17)"tiller". means tenant cultivating land personally and shall mean and
include a person who was tiller in Kharif, 1971 or his legal heirs or his transferee in
the case of any valid transfer of land made between Ist September, 1971 and Ist May,
1973, subject to the competent Revenue Officer being satisfied about the existence of
a bona fide transfer to this effect;
Explanation.- A person who migrated from his place of residence during 1965 due to
unavoidable circumstances shall be deemed to be a tiller of the land thus abandoned
by him if such land was in occupation of somebody else as Supard-dar under orders
of a competent authority.
11

7
[(1 8) Words and expressions not defined in this Act shall have the meaning
as assigned to them in the Jammu and Kashmir Majority Act, Samvat 1977, the
Jammu and Kashmir Tenancy Act, Samvat 1980, the Jammu and Kashmir Land
Revenue Act, Samvat 1996, and the Jammu and Kashmir Displaced Persons
(Permanent Settlement) Act, 1971.]
Explanation.- For purposes of clauses (8) and (11),where a person, governed
by Mitakshara School of Hindu Law, is recorded as owner or intermediary of
ancestral property, his male lineal descendents in the male line of descent shall not,
where he was alive on the first day of September, 1971, be deemed to be owners or
intermediaries, as the case may be, of such property.
3.Exceptions8.-The provisions of this Act, except those specified in column 2 of the
sub-joined table, shall not apply to the categories of land specified in column 1
thereof:-

Column 1 Column 2
(a) Evacuees' land; Clause (c) of sub-section
Provided that nothing herein shall- (2) of section 4 and sections
(i) confer any ownership rights upon a 5,7,13 and 14 and sub-section
displaced or other person in any evacuees' (3) of section 26.
land; or
(ii) affect or interfere with the rights of
possession or legal obligation of a
displaced or other person conferred or
imposed by or under any law, rule or

order, for the time being in force,in respect of Sections 26,8[x], 38 and 39
such land.
(b) Land owned, held or acquired by the
Government of Jammu and Kashmir or the
Government of India, other than-
(i) land vested or deemed to have been vested
in the State by or under this Act; and
(ii) land described in Schedule II.
(d) Land owned by any industrial or 8 [x x x].
commercial undertaking or set apart or
acquired by the Government for use for
industrial or commercial or residential

7
Substituted by Act No.V of 1978, s.2
8
Figures 31 and Section 31 in Clause 2 of the Section deleted by Act XXX VIII of 1997 (s.2)
12

purposes:
Provided that exemption under this clause
shall cease to apply if after such enquiry as
may be prescribed, the Government is of the
opinion that such industrial or commercial
undertaking has failed to utilise the land for
that purpose within such time as may be
prescribed.
(d) Land owned, held or acquired by such Nil
educational and other public institutions as
may be notified by the Government.
(e) Land owned, held or acquired by the Nil
Universities of the State established by Law
and Municipalities, Town Area Committees,
Notified Area Committee, Cantonment
Boards and other local bodies and
Panchayats of the State
(f) Land outside the district of Ladakh Section 13 8[x x]
which is and unculturable or in the form of
arak, kap or kah-i-krisham or which grows
fuel or fodder and belongs to such class as is
notified by the Government, not exceeding
four standard acres per family
Explanation- For purposes of clause (f) the
area should be unculturable or used for
growing fuel or fodder and also recorded as
such in the revenue records

(g) Such lands in the district of Ladakh as Section 13 and 8[x x]

are used for raising fuel or fodder or timber
e.g, olthang, bedzar, safedzar
(h) Land-
(i) requisitioned under any law for the time 8[x x]
being in force :or
(ii) Situate in depopulated villages of Poonch 8[x x]
and Rajouri Districts and notified as such by
the Government; or
(iii)lying in such border areas as are 8[x x]
declared by the Government to be insecure
13

for cultivation; Provided that such provisions

of this Act, as are notified by the
Government shall apply to such lands as and
when such lands are de—requisitioned or
permitted to be re-occupied or become secure
for cultivation as the case may be.
(i) Private springs, wells and village roads Nil
(j) Residential buildings or structure along 8
[x x]
with sites there under and land appurtenant
thereto: Provided that the area under and
appurtenant to such residential building or
structure does not, along with land exempted
by clause (l) and the area under and
appurtenant to a building in municipal area,
notified area, tovxm area or village abadi,
exceed four kanals per family: Provided
further that such exemption may be utilized
by a person for his personal use or for use
by a co-operative society, of which such
person is a member, or for both, subject to
the condition that the aggregate area so
utilised does not exceed the maximum of
four kanals per family.
(k) Such land as is reserved by the Section 3 8
Government for grazing ground or for any
public purpose.
(l) Land reserved or acquired for residential 8
[x x]
purposes subject to the provisos to clause (j).
(m) Cemeteries and burning or burial
Nil
grounds and land under places of worship or
appurtenant thereto according to the revenue
records of Kharif, 1971.
(n) Land vested in the State under the
provisions of the Jammu and Kashmir Big
Landed Estates Abolition Act, Samvat 2007
and retained under sub-
section (2) of section 6 of the said Act;
(i) under personal cultivation Section 15 and clause (a) of
(ii) through a tiller section l6.
Sub-section (1) of section
14

4, sections 5 and 6, and

Sub-section (2) of section
8, sub-sections (1) and (8)
of section 9, section 15
and clause (b) of section
16.
(0) Land held by a co-operative fanning Section 13 and [xx]
society; Provided that no share-holder of the
society shall, along with the other members
of the family, if any, to which he belongs
hold land, including his share of land in such
society, in excess of the ceiling area.

9
[3-A. Occupancy tenancy of displaced persons in evacuee land.-1
notwithstanding anything to the contrary contained in this or any other law for the
time being in force, displaced persons cultivating evacuees‘ lands personally shall in
respect thereof be deemed to be occupancy tenants and recorded as such. They shall
be liable to pay rent equal to the amount of land revenue and cesses assessed thereon:
Provided that such displaced persons shall have right to transfer their right
of occupancy tenancy by sale, mortgage or gift subject to the provisions of the
Alienation of Land Act, and the provisions of section 60 of the J & K Tenancy
Act, Sarnvat 1980 shall not apply to such transfer.]

CHAPTER II
RESTRICTION ON RIGHTS IN LAND
4. Vesting in the State of rights in land not held in personal cultivation.-(1)
Notwithstanding anything contained in any law for the time being in force, but
subject to the provisions of this Chapter, all rights, title and interest in land of any
person, not cultivating it personally in Kharifi 1971, shall be deemed to have
extinguished and vested in the State, free from all encumbrances, with effect from the
first day of May, 1973.
(2) Nothing in sub-section (1) shall apply to-
(a) land held by gumpas ofLadakh District:
Provided that the rights of tenants thereof shall be heritable according to the
law of succession applicable to occupancy tenants and that no tenant or his successor
9
Section 3-A inserted by Act No. V of 1978,S3.
15

shall subject to payment of rent exceeding 10[x x x] the prevailing rent, 10 [x x x]

whether in cash or in kind",
11
[(b)(i) unit of land not exceeding l82 kanals in including residential sites
Bedzars and Safedzars; and
(ii) 12[Land held by such places of worship, Waqfs or Dharmshallas, as are re revenue
records or 13[notified by the Government from time to time or donated for purposes
of wakaf by any person professing lslam or used as a wakaf property]]
Provided that the rights of a tenant thereof shall be heritable according to the
law of succession applicable to occupancy tenants;
14
[x x x]
(c) land mentioned in Schedule ll allotted to a displaced person;
Provided that:-
(i) such land and evacuees‘ land, if any, allotted to the same displaced
person, is situated in more than one village; and
(ii) such displaced person cultivated personally the land in at least one village
in Kharif, l97l.
15
[4-A.Cancellation of Mutation.-Notwithstanding anything contained in any law
for the time being in force or judgment or decree of a Civil Court any mutation
attested under sections 4, 8 or l2 of this Act after its commencement, for any land
mentioned in section 3 or sub-section (2) of section 4 by any Revenue Officer either
on his own or in pursuance of any order of higher authority or order or judgment of a
Civil Court shall be void ab initio.]
5. Vesting of personally cultivated land in excess of ceiling area in the State :(l)
Notwithstanding anything contained in any law for the time being in force but subject
to the provisions of this Chapter---
(a) Where any land, held by an individual in personal cultivation
whether as owner or as tenant or otherwise, was in excess of the
ceiling area on the first day of September, l97l, the rights, title and
interest of such individual in the excess land shall be deemed to
have vested in the State, free from all encumbrances, on the first
day of May, l973;
(b) Where aggregate land held in personal cultivation by the members
of a family. whether jointly or severally, as owners or as tenants or
10
Words omitted by Act No.V of 1978, S.4.
11
Clause (b) substituted ibid
12
Substituted for the words ‗Kah-Krisham areas, Araks, Kaps and such lands including those used for
raising fuel or fodder as are unculturable‘ by Act no VI 2002 (s2&3)
13
inserted for words ‗notified by government from time to time .by Act no VI 2002 (s.2&3)
14
Omitted Act No.V of 1978,S.4
16

Otherwise, was in excess of the ceiling area on the first day of

September. l97l . the rights, title and interest of such members in the
excess land shall be deemed to have vested in the State free from all
encumbrances, on the first day of May, 1973,
(2) Such individual or the head of such family, as the case may be, shall
have the option of selecting, iii such manner and subject to such conditions, as may
be prescribed, the land such individual or family desires to retain with himself or
itself, as the case may be. With in the limits provided for by this Act, but no land in a
demarcated forest shall be so selected:
Provided that the selection made from the holdings of different members
of a family shall be proportionate to the area of land held by each member of the
family, unless the wife and the husband agree otherwise.

6. vesting of dwelling house and of the site there under and land appurtenant
There to in the State in certain cases.-(1) Notwithstanding anything contained in
any other law for the time being in force or in any contract, instrument, custom or
usage or in any judgment, decree or order of a Court, but subject to the provisions
of this Chapter; where
(a) a dwelling house was, on the first day of September, 1971, occupied
by a person who is a tiller or is a member of a scheduled caste or is a
landless agricultural labourer or is a gujjar or a bakarwal or gaddi or is
a landless labourer engaged in occupation ancillary to agriculture; and
(b) the site of such dwelling house and the land appurtenant thereto is
not owned by such person;
the rights, title and interest in such dwelling house and the site there under and bland
appurtenant thereto shall be deemed to have extinguished and vested in the State on
the first day of May, 1973:
Provided that rights, title and interest in such dwelling house shall not Vest
in the State where it has been built at the expense of such person or any of
predecessors-in-interest:
Provided further that where such person has been in occupation of such lax
dwelling house for a continuous of ten years on the date on the date of
commencement of this act, he shall be deemed to have acquired ownership of such
dwelling house in lieu of service rendered by him to the owner of land under and
appurtenant to such dwelling house.
(2) The area under and appurtenant to such dwelling house as is Mentioned in Sub-
Section (1) shall not along with the area under appurtenant To building in municipal
area or notified area or village abadi and such land as is exempted by clauses (j) and
(1) of section 3, exceed in the aggregate four kanals for such person and all the
members of the family, if any, to which he belongs.
17

7. Resumption for bona fide personal cultivation by ex-land lord.- (l)Subject to

the provisions of this section-
(a) an individual, whose rights in land have been extinguished by
section 4 and who was entitled to recover rent in Kharif, l97l
directly from the tiller, may resume land outside demarcated forests
for purposes of bona fide personal cultivation;
(b) where rights in land of one or more than one member of a family
have been extinguished by section 4 and such member or members
were entitled to recover rent in Kharif,l97l directly from the tiller, such
member or members may resume land for bonafide personal
cultivation;
(c) a displaced person allotted evacuees‘ land or land included in
Schedule ll, who is not cultivating such land personally, may resume
such land for bona fide personal cultivation.
(2) Resumption of land permitted by sub—section ( l) shall be subject to the
following conditions, namely-
(a) the application for resumption shall be made in the prescribed manner
within 16 [one year] of the commencement of this Act;
(b) the applicant for resumption shall 17[within six months from the date
of resumption of land] take up normal residence for the purpose of
cultivating such land personally in the village in which the land
sought to be resumed is situated or in an adjoining village 18[except in
the case of-
(i) a person serving in defence force, who shall take up such normal
residence for personal cultivation within six months of the date on
which he ceases to serve in defence force; or
(ii) a widow or a person who is physically disabled or in capacitated by old
age or infirmity]:
Provided that in the case of land situated in an un-inhabited village on or
near the border, such residence shall be taken up within the period indicated above in
the nearest inhabited village or in the adjoining village:
Provided further that a displaced person who has been allotted land in
more than one village, shall take up such residence in any one of such villages or
in the adjoining village:

16
. Substituted by Act No.V of 1979,S.2
17
Substituted by Act No.VII of l979, S.3.
18
Substituted by Act No. IV of 1989, S.2.
18

22[:Provided that an ex-serviceman of the defence force or a person

serving in defence force shall be allowed to hold one additional standard acre over
and above the ceiling fixed in this sub-section:
Provided further that in the case of a person eligible to resume land under
clause (g) of sub-section (2), the aggregate land including the orchard held by him
shall not exceed one hundred kanals].
(4) The person resuming land under this section shall be vested with
ownership rights in such land, other than evacuees‘ land, and he shall be placed in
possession thereof, after the tiller removes the crop, if any, standing on such land
and, where no crop is standing but the land has been prepared for sowing, after such
tiller is paid there for in the prescribed manner.
(5) Where any person resuming land under this section fails to cultivate the
land personally within one year of entering into possession, such land shall vest in
the State, except where such failure is due to circumstances beyond his control.
(6) The identity of the land to be resumed shall be determined by a Revenue
Officer, in the prescribed manner, having regard to the reasonable convenience of
both the parties:
Provided that land under and appurtenant to a dwelling house mentioned in
section 6 shall not be resumed.
Explanation.-For purposes of this sub-section, the land under and
appurtenant to the dwelling house shall not, along with the land exempted by clauses
(j) and (1) of section 3 and land under and appurtenant to a building or structure in a
municipal area, town area, notified area or village abadi. exceed four kanals for a
family.
(7) N0 resumption by consent shall be permissible if, as a result of such
consent, the ex-landlord is able to resume more land than he is entitled to according
to the provisions of this section.
8. Vesting of ownership rights in land in prospective owner.--(1)
Notwithstanding anything contained in any law, for the time being in force. But
subject to the provisions of sections 5 and 14, where an ex-landlord resumes land
under section 7, the tiller, from whom land is so resumed, or his legal heirs shall be
vested with ownership rights in land left with him or his heirs, as the case may be,
after resumption in the following manner, namely:-
(a) Where the ex-landlord resumes the entire land permissible under-clause (t)
of sub-section (2) of section 7, without payment of any levy and as soon as the ex-
landlord is given possession of resumed land; and

22
Full stop substituted by colon and provisos added thereafter by Act No.V of 1978,35.
19

(b) Where the ex-landlord does not resume the entire land pennitted by clause
(t) of sub-section (2) of section 7 because of the provisions of sub-section (3) of
section 7:-
(i) after payment of such Ievy in such manner as is provided for in Schedule III
for the portion of such land which, though resumable by such ex-landlord under
clause (f) of sub-section (2) of section 7, is not resumed because of the provisions of
sub-section (3) of section 7 ; and
(ii) without payment of any levy and after the ex-landlord is given possession of
the resumed land, for the portion of such land left with such tiller other than that
mentioned in sub-clause (i).
(2) Notwithstanding anything contained in any law, for the time being in
force, but subject to the provisions of sections 5 and l4, where an ex-owner/ex-
intermediary does not or cannot resume any land, the tiller of Kharif, l97l holding
land under him shall be vested with ownership rights in such land after payment in
full of such levy in such manner as is provided for in Schedule III.
(3) A person mentioned in sub-section (1) of section 6, occupying a dwelling
house vested in the State under section 6, shall, subject to the conditions mentioned
in sub-section (2) of the said section 6, be vested with ownership rights in such
dwelling house and the land under and appurtenant to it, on payment of such levy in
such manner as is provided for in Schedule III, notwithstanding anything contained
in any other law for the time being in force.
(4) Where such land as is mentioned in sub-section (1) has been or is declared
for acquisition by the Government under any law for the time being in force and the
prospective owner thereof has not acquired ownership rights until the date of such
declaration, vesting of ownership rights in such land in such person shall not be
effective and the instalments of levy, if any, paid shall be n refunded to such person
in lump sum with interest as five per centum per annum.
9. Payment of rent by the tiller.-(l) A tiller shall, in respect of land vested in the State
by section 4, pay to the State rent, which was payable by him to the ex- landlord prior
to the first day of May, 1973 in such form and in such manner as may be prescribed,
until such land is resumed under section 7 or until such tiller acquires ownership right
therein under section 8.
(2) The Government shall arrange to pay such rent in such form and such
manner as may be prescribed, after deducting therefrom ten per centum of the cash
equivalent thereof as collection charges to the ex-landlord, or to the person claiming
through him, until such time as is specified in sub-section (1).
(3) The Government shall notify from time to time the cash equivalent of
different types of agricultural produce for purposes of this section.
(4) Where the ex-landlord mentioned in sub-section (1) was an
intermediary holding land, prior to the first day of May, 1973, under an owner,
20

nothing herein shall be deemed to effect the liability of such intermediary to pay rent
(after deducting there from the share of collection charges calculated on pro- rata
basis) to such ex-owner for such land, and such rent shall , after such deduction, be
payable for such ex-intennediary to such ex-owner as if their rights had not been
extinguished by section 4, and provisions of the Jammu and Kashmir Tenancy Act,
Samvat 1980 relating to recovery of rent shall apply thereto.
(5) The right of ex-intermediary or ex-owner to recover rent for land from
the State or from such ex-intermediary, as the case may be, shall be heritable
according to the law of succession that was applicable to him before the
extinguishment of rights in such land and shall also be transferable subject to the
provisions of section 31.
(6) The liability for payment of land revenue together with cesses and dues a
able under any law or rule, for the time being in force of an ex-owner of land shall
continue during the period he is entitled to recover from the Government or from the
ex-intermediary, as the case may be, rent under this section, and for purposes of the
Jammu and Kashmir Land Revenue Act, 1996 such ex-owner shall be deemed to be a
land-holder.
(7) Arrears of rent accrued due from the first day of May, 1973 up to the date
of commencement of this Act shall also be recoverable by the Government from the
tillers in such form as may be notified and paid to the ex-landlord after deducting ten
per centum as collection charges.
(8) Where rent was recoverable in kind prior to the first day of May, 1973, the
following rates of produce shall be assumed for purposes of calculating rent
recoverable from the prospective owner under this section, namely:-
(i) Where the prospective owner and the ex-owner agree, the rates of produce
so agreed upon by them;
(ii) Where there is no agreement between the prospective owner and the ex-
owner, chakla rates; in
(iii)Where complaint is made to a Revenue Officer that chakla rates are higher
than actual rates of produce, the rates of produce that shall be determined by the
Collector after summary enquiry; and
(iv) Where chakla rates are not available, the rates that shall be notified by the
Government after necessary enquiry.
10. Mortgages of land.- (1) Where land , which has vested or vests in the State
by section 4 or section 5 or section 6, is subject to mortgage without possession and
the mortgage subsists on the date when, in lieu of extinguishment of rights in such
land, payment is to be made in accordance with the provisions of Schedule III, the
mortgagee shall be paid such amount, in such manner and in accordance with such
procedure, as is provided in the aforementioned Schedule, anything to the contrary
contained in any law, decree or order of a Court or any contract notwithstanding.
21

(2) Where land is subject to mortgage with possession and the mortgage
subsists on the date of commencement of this Act, the restitution of such land shall,
notwithstanding anything to the contrary contained in any law, decree or order of a
Court or a Revenue Officer or any contract, be effected in the manner and according
to the procedure given below, namely:-

a) The mortgagor may apply for restitution of such land to the Collector, having
jurisdiction in the area in which it is situate. The Collector shall, on receipt of
such application give an opportunity to the mortgagor and the mortgagee of
being heard and make such further enquiry as may be necessary .
b) (i)Where the Collector finds that the value of benefits enjoyed by the
mortgagee equals or exceeds the cost of improvements, if any, effected by such
mortgagee, in accordance with the terms of the mortgage deed, plus one and a
half times the amount of the principal money, he shall, by order in writing,
direct that the mortgage be redeemed and shall put the mortgage in physical
possession of the land ;
(ii) Where tire Collector finds that the value of benefits enjoyed by me
mortgagee, while in possession, is less than the cost of improvements, if any
mortgagee, in accordance with the term of the mortgagee deed, plus one
and a half times the amount of principal money, he shall, by order in
writing, direct that the mortgaged be restored to the mortgagor and he be
put in possession thereof subject, however, to the payment of amount, if
any, due to the mortgagee:
Provided that, in calculating the amount due, interest shall only on the principal
Money, at a rate not higher than 5% per annum:
Provided further that in no case shall the principal sum plus interest thereon
exceed one and a half times the principal money:
Provided also that where the mortgagee has been in possession of the
mortgaged land for a period of ten years or the period during which the mortgage
was to subsist according to the terms of the mortgage deed, whichever is less, it
shall be conclusive proof of the fact that the mortgagee has received one and a
half times the amount of principal money as well as the cost of improvements, if
any.
(c)Where the Collector finds that any sum is due to the mortgagee under
clause (b), he may order the deposit of the amount found due from the
mortgagor in such annual instalments, not exceeding ten, as the Collector
may, with due regard to the paying capacity of the mortgagor, deem fit.
(d) In determining the amount due, the Collector shall give credit to the
mortgagor for the value of the benefits to be enjoyed by the mortgagee
during the period covered by the instalments.
22

(e) The Collector may order that, in lieu of the deposit of the amount found
(f) due, the mortgagee shall enjoy the profits of the mortgaged land for a
period to be determined by the Collector with due regard to the amount
found due and the profits accruing from the land:
Provided that such period shall not exceed ten years or the period during
Which the mortgage was to subsist, according to the terms of mortgage deed,
Whichever is less, reckoned from the date the mortgagee came into possession of the
land under the mortgage.
(f) The mortgagor shall be deemed to have complied with the order of deposit
if the whole of the amount found due is deposited within the period covered by
instalments.

Hoshnak vs J And K Spl. Tribunal And Orsa

Facts: The petitioner has filed this petition questioning the three orders passed by the Authorities
under the Jammu and Kashmir Agrarian Reforms Act, 1976.

Mr. D.R. Khajuria, learned Counsel for the petitioner, submits that the findings of the
Authorities under the Jammu and Kashmir Agrarian Reforms Act, 1976, are factually incorrect
and legally unsustainable. Learned Counsel adds that the transaction of Mortgage executed by the
petitioner in the year 1975 was illegal because there was a total ban on alienation of land in 1975
and this alienation included mortgage too. The Authorities under the Jammu and Kashmir
Agrarian Reforms Act, therefore, had no jurisdiction to exercise powers under Section 10 of the
Jammu and Kashmir Agrarian Reforms Act, 1976, because such powers could be exercised only if
there was a valid mortgage between the parties.

Mr. A.H. Qazi, learned Additional Advocate General appearing for respondents-1 to 3, and
Mr. G.S. Thakur, learned Counsel appearing for respondent-4, submit that the extraordinary writ
jurisdiction cannot be invoked by the petitioner to seek appreciation of evidence afresh, which
stands concluded by three Authorities under the Jammu and Kashmir Agrarian Reforms Act,
Reiterating the stand taken in the objections of the fourth respondent, Mr. Thakur submits that the
plea of the petitioner that Khasra No. 1538 came to"recorded incorrectly in the agreement to sell,
was an afterthought intended to defeat the provisions of the Agrarian Reforms Act. The fourth
respondent, while denying the execution of the agreement to sell, has stated that the land in dispute
continued to remain in possession of the petitioner as mortgagee and that it had not been sold to
him, as projected by the petitioner. Both the learned Counsel submitted that provisions of the
Jammu and Kashmir Agrarian Reforms Acts, 1972 and 1973, would not come in the way of
Authorities under the Jammu and Kashmir Agrarian Reforms Act, 1976, to exercise powers under
Section 10 of the Act, because the mortgage with possession was subsisting at the time when the
Jammu and Kashmir Agrarian Reforms Act, 1976, came into force.

a
2007 (1) JKJ 422
23

I have considered the submissions of learned Counsel for the parties and gone through the
records.

Extraordinary writ jurisdiction, of the High Court may be invoked for the protection of any
fundamental, legal, statutory or other enforceable right. Projection and existence of an enforceable
right is, thus, the sine-qua-non for invoking the jurisdiction of the High Court under Article 226 of
the Constitution of India or Section 103 of the Constitution of Jammu and Kashmir.

Petitioner does not claim any such right in this petition except seeking quashing of the orders
passed by the Authorities under the Agrarian Reforms Act. The jurisdiction under Article 226 of
the Constitution of India or Section 103 of the Constitution of Jammu and Kashmir is not an
appellate jurisdiction, where a party to the litigation may have the right to question the orders of the
Courts or the Authorities below. The petitioner, it appears, has purposely omitted to project his
right in the land in dispute, which is governed by the Jammu and Kashmir Agrarian Reforms Act,
1976. This is so because no right in the agricultural land could be claimed by the petitioner as such.
Status of the petitioner as mortgagee in the land, as admitted by him through out the proceedings
before the Authorities under the Jammu and Kashmir Agrarian Reforms Act, 1976, as also in this
Court in this writ petition, that he property was mortgaged to him by Beli Ram, the predecessor-in-
interest of the respondents, on 06-03-1975, would not vest any enforceable right in the petitioner
under the Jammu and Kashmir Agrarian Reforms Act, 1976, or for that matter under any other
law in force in the State. It was because of this reason that the petitioner had deliberately omitted to
project any right in the land, in this petition.

Even otherwise, Jammu and Kashmir Agrarian Reforms Act, 1976, was attracted to the facts
of the present case. In order to invoke Section 10 of the Jammu and Kashmir Agrarian Reforms
Act, 1976, what was required to be seen by the concerned Officer was as to whether the mortgage
was subsisting on the date when the Jammu and Kashmir Agrarian Reforms Act, 1976, came into
force. This Act came into force on 21st of August, 1976. The mortgage, in question, as admitted by
the petitioner, was subsisting at the time when the Act came into force. The validity or otherwise of
the mortgage, would not, thus, come in the way of the officer exercising powers under Section 10
of the Jammu and Kashmir Agrarian Reforms Act, 1976, in giving effect to the provisions of
Section 10.

11. Payment in lieu of extinguishment of rights in land. - Subject to the other

provisions of this Chapter, land and rights therein taken away or abridged by
section 4 or section 5 or section 6 shall be deemed to have been acquired by the
State with effect from the date such land or rights are vested in it and payment in
lieu thereof shall be determined and made in accordance with the provisions of
Schedule Ill:
Provided that where an ex-landlord resumes land, he shall not be entitled
to any payment in lieu of extinguishment of his rights in the land, remaining after
resumption with the tiller, except for the area of land, if any, by which the area
actually allowed to be resumed under sub-section (3) of section 7 falls short of
the area that was resumable under clause (f) of sub-section (2) of section 7 and
24

the right of such ex-landlord to recover rent under section 9 shall cease, except to
the extent indicated above, as soon as he is given possession of resumed land:
Provided further that where any land is held by a person in personal
Cultivation he shall be entitled to compensation for his rights in any portion of
such land, as is within the ceiling area applicable to him under any law for the
time being in force or any building or structure standing thereon or appurtenant
thereto, at the market value thereof.
12. Private agreement.- Where an ex-owner of land, or, if such ex-owner had an
intermediary under him prior to the first day of May, 1973, such ex-owner and
such ex-intermediary jointly,and the prospective ower of such land by on agreement
in writing ,duly registered under the jammu and Kashmir registration

Act.I977 or authenticated by a Revenue Officer of a class not lower than a

Tehsildar--
(a) respectively acknowledge receipt and payment of an agreed amount-
and/or
(b) admit having apportioned such land as between themselves in an
agreed manner and having entered into possession of their respective
shares in accordance therewith;
Such payment or such apportionment of land or both, as the case may be, shall be
given due effect and shall relieve the State of its liability to make payment to
such person and also relieve the prospective owner of his liability to pay levy to
the State:
Provided that in case of apportionment of land the ex-landlord shall not
have in his share more land than could be resumed by him tuider clause (f) of
sub-section (2) of section 7. if he were otherwise eligible to resume land
.
l3. Restriction on utilization of land.-(1) After the commencement of this Act
no person shall hold land, otherwise than for personal cultivation (except where
tenancy is permitted by this Act), or for residential purposes up to 23[two] Kanals
per family or, subject to the provisions of the Jammu and Kashmir Prohibition on
Conversion of Land and Alienation of Orchards Act,1975, for horticultural
purposes or, with the previous permission of the Revenue Minister or any officer
nominated by him in this behalf. for industrial or commercial purposes:
Provided that land recorded as orchard, arak, kap, kah-i-krisham or of a
class notified under clause (t) of section 3 shall not be put to any use other than
such orchard or arak, kap, kah-i-krisham or for growing fodder or fuel, as the
case may be, subject to the second proviso to sub-section (l) of section l5 in the

23
Substituted by Act No.IV of 1989, S.3
25

case of orchard:
Provided further that where land, not exceeding half a kanal in area, is
used as a gharat or a chakki or shop, or for such other purpose relating to rural
economy, no permission shall be needed.
(2) Except as otherwise provided in this Act, no tenancy created or
continued after the first day of May, 1973 in respect of any land shall be valid.
(3) Rights, title and interest in land of any person who, except for reasons
beyond his control, fails to utilise the land in accordance with, or utilises land in
contravention of, the provisions of sub-section (2) shall, after such enquiry, as
may be prescribed, vest in the State.

14. Optimum retainable area of land.-24 [(l) Save as provided in clause (a) of
l sub-section (2) of section 4 of this Act, aggregate land held in ownership or as
tenant or otherwise by, or vested under this Act in, an individual or all members
of a family shall not exceed the ceiling area]
(2) Where, after the first day of September, l97l, any land has been or is
acquired by any such place of worship or waqf or dharamshala or public trust or
institution or individual or member as is mentioned in sub-section (1) by purchase,
gift, bequest, inheritance, mortgage, family settlement, decree or order of a court or
by any other mode whatsoever and, in consequence thereof, the total extent of land
owned by such place of worship or waqf or dharamshala or public trust or institution
or individual or family, exceeds the limit provided for in sub- section (l), the
retention or possession of such land, as may be in excess, shall be invalid and all
rights, title and interest in such excess land shall extinguish and vest in the State.
l5. Disposal of surplus land.-(1) The Government shall be competent, subject to
the provisions of sub-sections (2) and (3), to dispose of land, vested or which
may vest in the State under this Act and become surplus and land, which is available
under sub-section (2) of section 6 of the Jammu and Kashmir Big Landed Estates
Abolition Act, Samvat 2007, in consideration of such levy as is provided for in
Schedule III and subject to such terms and conditions (including those relating to
reservation of adequate land for kahcharai ) and in such manner, as may be
prescribed, anything contained in any law for the time being in force
notwithstanding:
Provided that25 [x x x] arak, kap, kah-i-krisham and such areas growing
fuel or fodder as are notified tmder clause (f) of section 3 shall continue to be
used as such 25 [x x x ] arak, kap, kah-i-krisham or for growing fuel or fodder, as

24
Sub-section (1) substituted by Act No.V of 1978, S.6,
25
The word orchard‘ omitted by Act No.V of 1978, S.6,
26

the case may be:

Provided further that where the Government is satisfied that any land under
use as an orchard has ceased to be fit for such continued use, Government may permit
alternative use of such land subject to the condition that any excess area allowed
beyond the normal ceiling of 12.5 standard acres on the consideration of the land
being used as an orchard, shall vest in the State and be subject to disposal by the
State in the manner provided under this Act.
(2) The land becoming surplus under this Act shall be allotted according
to the priorities given below, namely:-
(a) first priority shall be given to tillers having less than the basic area of
2.5 standard acres;
(b) second priority shall be given to ex-owners having less than the
basic area of 2.5 standard acres;
(c) third priority shall be given to refugees of 1947 having less than 2.5
standard acres and having no other source of income;
(d) fourth priority shall be given to landless agricultural labourers;
Provided that the landless persons of the same locality shall have
priority of claim over those residing outside such locality;
(e) fifth priority shall be given to the refugees of 1947 having more than
2.5 standard acres, but less than five standard acres; provided that all the
members of the family of such refugee are actually engaged in
agriculture and reside in the village in which the land is situate. I
(3) In each category of eligible allottees mentioned in sub-section (2),
everything else being equal;-
(a) first preference shall be given to person serving in defence force;
(b) second preference shall be given to persons who were serving in
defence force on or after the first day of April, 1965;
(c) third preference shall be given to gujjars and bakarwals; and
(d) last preference shall be given to other applicants.
(4) Only so much of surplus land shall be allotted to any eligible allottee
which along with the basic area adready held by such allottee, adds up to 2.5
standard acres in the case of allotteeees falling under clauses(a)(b)(c)and(d)
sub-section(2) and five standard acress in the case of allottees falling under clause (e)
of the aforementioned sub-section.]
26
[ (4-a) notwithstanding anything contained in the foregoing provisions of
this section, the government shall be competent to give first priority to the refugees

26
Inserted by Act No.VII of l979, S.4.
27

of 1947 in the 1947 in the allotment of surplus land for making up the deficiencies in
the unit of land prescribed under any of the order issued by it in this behalf:
Provided that the aggregate land shall not exceedthe ceiling area]
(5) The person allotted land under this section shall be entitled to. Acquire
ownership rights of such land on payment of such levy in mentioned in part C of
Schedule III.
Explanation.- For purpose of this section, ―basic area‖, in reference to a person
shall mean the aggregate area of land, held as owner or as tenant or otherwise, by
a person and other members of lus family, if any, as it existed in respect of
refugees of 1947, in the year of allotment in each individual case subject to such
date being not later than the first day of September, 1950, and, in case of others,
on the first day of May, 1973.
16. Liability during interim period.-Where land is held by a person----
(a) under sub-section (2) of section 6 of the Jammu and Kashmir Big
Landed Estates Abolition Act, Samvat 2007; or
(c) in personal cultivation as owner or as tenant or allottee directly
under the State whose rights, title and interest therein have been
extinguished by section 5;
such person shall be liable, in respect of such land from the date of commencement
of this Act until the entry into possession of the allottee of such land in pursuance of
its disposal under this Act, to payment of rent to the Government at the rate of forty
times the sum of the land revenue assessed on, and cesses and other charges and dues
payable for, such land under any law for the time being in force.
l7. Prohibition on transfer of land.- (l) Notwithstanding anything contained in
b under or any other law for the time being in force this act or the rules made there
under or any other law for the time being in force, but subject to the provisions of
sub-sections (2) and (3), no land or dwelling house or structure shall, except as
provided under section l40 of the Jammu and Kashmir Transfer of Property Act,
Samvat 1977, section 4-A of the Jammu and Kashmir Alienation of Land Act,
Samvat l995 and section 69-B of the Jamrnu and Kashmir Co-operative Societies
Act, 1960, be transferred, disposed of or vested under this Act, or in execution of any
decree or order of Civil Court or Revenue Authority or under any other law in favour
of any person who is not a permanent resident of the State.
(2) Until the Government directs, otherwise nothing in sub-section (l) shall
be deemed to interfere with the possession of land of a tiller, who is not a
permanent resident of the State, where such tiller, as had come from Pakistan in
1947-48, has been in possession of such land since any date before the first day of
September, 1950.
(3) The provisions of sections 7, 9 and11 shall apply to such tiller as is
mentioned in sub-section (2) and the ex-owner/ ex- intermediary under whom he
28

was holding this land prior to the first day of May, 1973, mutatis mutandis,
subject to the following modifications, namely:-
(a) the instalments of rent paid to an ex-landlord shall be deemed to be
instalments of amount payable to him in lieu of extinguishment of his rights, title and
interest in such land effected by section 4 .
(b) where such an ex owner had an ex-intermediary under him prior to the
first day of May, 1973, the rent recovered from tenant shall be payable to the
intermediary after deducting there from:-
(i) the rent payable by such ex-intermediary to the ex-owner", and
(ii) the share of collection charges on pro-rata basis.
The balance rent, remaining after payment to ex-intermediary, shall be
payable to ex-owner after deducting therefrom the balance of the collection
charges. The payments to both shall be treated as instalments of amount payable
to them in lieu of the extinguishment of their rights, title and interest in such land
under section 4;
(c) the amount payable in lieu of extinguishment of rights, interest and
title of such ex-owners/ex-intermediary shall be the amount payable in accordance
with the provisions of part A of Schedule III: and 1
(d) ownership rights shall not vest in the tiller and he shall, until the
Government directs otherwise, continue to hold the land as a tiller under the
State, subject to such conditions as may be prescribed.
CHAPTER III
JURISDICTION AND PROCEDURE
18. Appointment, superintendence and control of Revenue Officers-27 [(1)
There shall be the following class of officers for the purposes of this Act who
shall be appointed by the Government, by notification in the Government
Gazette, namely:-
(a) Commissioner Agrarian Reforms and Joint Commissioner Agrarian
Reforms;
(b) Collector;
(c) Assistant Commissioner;
(d) Tehsildar; and
(e) Naib-Tehsildar.
Every officer appointed by the Government under this sub-section shall
be deemed to be a Revenue Officer within the meaning of section 6 of the Jammu
and Kashmir Land Revenue Act, Samvat 1996 and shall exercise such powers
within such jurisdiction as the Government may, by notification in the
Government Gazette, specify].

27
Substituted by Act N0. IX of1987, S.3.
29

(2) The general superintendence and control over such Revenue Officers
shall vest with the Government.
(3) Subject to the control of the Government, the Collectors, Assistant
Commissioners, Tehsildars and Naib—Tehsildars shall be subordinate to and under
the control of the Commissioner.
(4) Subject as aforesaid and to the control of the Commissioner, the
Assistant Commissioner, the Tehsildar and Naib-Tehsildar shall be subordinate to
and under the control of the Collector.

(5) Subject as aforesaid and to the control of the Collector, the Tehsildars
and Naib-Tehsildars shall be subordinate to and under the control of the Assistant
Commissioner.
(6) Subject as aforesaid and to the control of the Assistant Commissioner,
the Naib-Tehsildar shall be subordinate to and under the control of the Tehsildar.
19 Powers of Revenue Officers.-(1) unless the class of Revenue Officers, by
Whom any function is to be discharged or any power is to be exercised, is specified
by or under this Act, the Government may, by notification, determine the functions to
be discharged or the powers to be exercise under this Act by any class of Revenue
Officers.
(2) The manner and procedure for the performance of duties, the exercise
and conferment of powers, distribution of business and withdrawal an transfer of
cases under this Act shall, save as otherwise provided by or under this Act, be
regulated by the Jammu & Kashmir Land Revenue Act, Samvat 1996 and the rules
made thereunder.
(3) The following applications, suits and proceedings shall be disposed of
by a Collector:-
(a) proceedings under section 56 of the Jammu & Kashmir Tenancy
Act, Samvat 1980;
(b) proceedings under sub-section (2) of section 68-A of the Jammu &
Kashmir Tenancy Act, Samvat 1980;
(c) proceedings under section 24 of the Jammu & Kashmir Big Landed
Estates Abolition Act, Samvat 2007;
(d) application by an owner or an intermediary that the person, who
claims to be cultivating the land as a tenant, is not a tenant but a
trespasser;
28
[(e) all other cases of dispute including those where the party in
possession pleads adverse possession against the recorded ov\mer/

28
. Substituted by Act IV of 1989, s.4.
30

intermediary]
(4) Any application, suit or proceeding of the kind mentioned in sub-
section (3), pending at the commencement of this Act before a Revenue Officer
subordinate to a Collector or any Civil or Revenue Court, shall be transferred to
the Collector having jurisdiction in the place in which the land in dispute is
situate.
29
[(5) Any application, suit or proceeding relating to cases specified in
clause (e) of sub-section (3) which, immediately before the commencement of the
Jamrnu and Kashmir Agrarian Reforms (Amendment) Act, 1988 were pending
before any civil court, shall, on such commencement, stand transferred to the
Collector having jurisdiction over the area in which the land in dispute is situate,
and the Collector shall in his capacity as the appellate or revisional authority, as
the case may be, dispose of the same in accordance with the provisions of this
Act.]
20. Special powers of officers;- The Revenue Officers and the appellate and the
revisional authorities, appointed by or under this Act, shall have all the powers
of a Civil Court while trying a suit under the Code of Civil Procedure, Samvat
1977 in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining
him on oath or on solemn affirmation;
(b) production and discovery of documents;
(c) proof of facts by affidavits; and
(d) any other matter which may be prescribed;
and every such officer or authority shall be deemed to be a Civil Court within the
meaning of sections 480 and 482 of the Code of Criminal Procedure, Samvat
1989.
21. Appeals and revisions.- (1) Any person aggrieved by a final order of a
Collector or a Revenue Officer of a class lower than that of a Collector may
prefer an appeal to the Commissioner having jurisdiction in the area to which the
appeal relates.
30
[(2) The Revenue Minister may at any time call for the record of any case in
which a Tehsildar or an Assistant Commissioner has passed orders in respect of
any evacuees land or State land or of any case-in which Commissioner has passed
final order and if he finds that a question of law or public interest is involved in
the case, he may pass such orders thereon as he thinks fit:
Provided that no order shall be passed against any party without affording

29
. Sub-section (5) added by Act No. 1V of 1989, s.4.
30
Substituted by Act No. IV of l989, S.5.
31

that party an opportunity of being heard.]

(3) No application for review shall lie against any order passed under this
Act or the rules made thereunder, but clerical or arithmetical mistakes in orders
or errors arising therein from any accidental slip or omission may, at any time, be
corrected by the authority which has made such order.
(4) First appeal against a final order passed under the Jammu and Kashmir
Agrarian Reforms Act, 1972 or the rules framed thereunder pending at the
commencement of this Act shall be transferred to the Commissioner having
jurisdiction in the area to which such appeal relates and the Commissioner shall
thereupon dispose of such appeal in accordance with the provisions of this Act.

.
32

THE JAMMU AND KASHMIR

LAND REVENUE ACT, 1996

Unit 2
CHAPTER I
 THE JAMMU AND KASHMIR LAND REVENUE ACT, 1996

CHAPTER II
 REVENUE OFFICERS CLASSES AND POWERS

CHAPTER III
 RECORDS OF RIGHTS AND ANNUAL RECORDS FOR GROUPS
33

1 Title, extent and commencement

(1) This Act may be called the Jammu and Kashmir Land Revenue Act,1996.
(2) It extends to the whole of Jammu and Kashmir state.
(3) It shall come into force on the publication in the Government Gazette in the
prescribed manner.

2 Repeal :- From the date when this Act comes into force,(a) the Jammu and
Kashmir Land Revenue Regulation,1980 shall be repealed, and (b) all rules and
orders previously issued regarding matters dealt within this Act so far as they may be
repugnant to it, shall be considered to be repealed :
Provided that all rules, appointments, assessments and transfers made, notifications
and proclaminations issued, authorities and powers conferred, forms and leases
granted, records – of rights and other records framed , revised or confirmed, rights
acquired, liabilities incurred, times and places appointed and other things done under
any of such rules and orders, shall so far as may be, deemed to have been
34

respectively made, issued, conferred, granted, framed, revised, confirmed, acquired,

incurred, appointed and done under this Act.

3 Definitions section (3)

In this Act, unless there is something repugnant in the subject or context,-
(1) ―estate‖ means any area –
(a) for which a separate record –of –rights have been made;
(b) which has been separately assessed to land revenue or would have been so
assessed if the land revenue had not been assessed, released or compounded for or
redeemed; or
(c) which the Government may, by general rule or by special order , declare to be an
estate;
(2) ―land‖ means land which is occupied or has been let for agricultural purposes or
for the
purposes subservient to agriculture or for pasture and includes the sites of
buildings and other
structures situated in such land and trees standing on such land, as well as areas
covered byor fields floating over water, and sites of jandars and gharats but does not
include the sites of any
building in a town or village or any land appurtenant to such building or sites;

(3) ―Land Holders‖ does not include a tenant or assignee of land revenue, but does
not include
land-owner, chakdar and a person to whom a holding has been transferred or an
estate or
holding has been let in farm under this Act for the recovery of an arrear of land
revenue, or of
a sum recoverable as such arrear, and every other person not herein before in
this clause
mentioned who is in possession of an estate or any share or portion thereof, or in
the
enjoyment of any part of the profits of an estate;

(4) ―Holding‖ means a share or portion of an estate hold by one land holder or jointly
by two
35

or more land holders;

(5) ―Rent‖,‖Tenant‖,‖Landlord‖ And ‗Tenancy‖ have the meanings respectively
assigned to
those words in the Jammu and Kashmir Tenancy Act,1980;
(6) ―Land Revenue‖ includes assigned land revenue and any sum payable n respect
of land by
way of quit rent or of commutation for service to the Government or to a person
to whom the
Government has assigned the right to receive the payment;
(7) ―Appear of land revenue‖ means land revenue which remains unpaid after the
date on
which it becomes payable;
(8) ―Defaulter‖ means a person liable for an arrear of land revenue, and includes a
person who is responsible as surety for the payment of the arrear;
(9) ―Rates And Cesses‖ means rates and cesses which are primarily payable at land
holders
and includes –
(a) any annual rate chargeable on holders of land s under section 56 of the Jammu
and
Kashmir State Canal and Drainage Act,1963;
(b) the Village Officer‘s Cesses;
(c) the education and road cesses;
(d) sums payable on account of village expenses ; and
(e) sanitation cess;
(10) ―Village Cess‖ includes any cess, contribution or due which is customarily
livable within an
estate and is neither a payment for the use of private property or personal
service, nor
imposed by or under any enactment for the time being in force;
(11) ―Village Officer‖ means and includes a lambardar;
(12) ―Revenue Officer‖ in any provision of this Act means a revenue officer having
authority under
this Act , to discharge the functions of a revenue officer under that provision;
(13) ― Muafidar‖ includes any person, other than a village servant , to whom the land
revenue of
36

any land has been assigned in whole or in part by the Government;

(14) ―Agricultural Year‖ means as regards the state except the area of Ladakh Gilgit ,
the year
commencing on the 15th of August, and as regards the Districts of Ladakh and
Gilgit the year
commencing on 15th of April;
(15) ―Notification‖ means a notification published in the official Gazette by authority
of a
Government;
(16) ―incumbrance‖ means a charge upon or claim against land arising out of a
private grant or
contract;
(17) ―survey-marks‖ includes boundary marks;
(18) ― date of a Regular Settlement‖ means as regard any state, the date on which the
records of
the right of the estate , prepared at such settlement was finally attested.
4. Exclusion of Certain land from operation of the Act
(1) Except so far as may be necessary for the records, recovery and administration of
village
Cesses, nothing in this Act applies to land which is occupied as the site of the town or
village and is not assessed to land revenue.
(2) An assistant Collector of the first class may define for the purposes of this Act,
the limits
of any such land.
5. Power to vary limits and alter number of Tehsils, Districts and Provinces: -
The Government may, by notification, vary the limits of the Tehsil, Districts and
Provinceinto which the territories administrated by it are divided, and may , by
notification , alter the number of those Tehsils, Districts and Provinces.
19
[Provided also that a person who is minor or insane shall take up such
residence within six months of the date on which he attains the age of majority or
attains sanity.]
(c) land held by a tiller paying rent at village rates (hasab partade-h) with or
without

19
Proviso inserted ibid.
37

malikana or by a tiller, who is an occupancy tenant, shall not be

resumed;
(d) no person, who or any member of whose family, if any, is an income-
tax payer,
shall be eligible to resume any land;
(e) the person who has transferred land by sale or gift or bequest on or after
first day
of September, 1971 shall not be eligible to resume land if the land so
transferred
was personally cultivated by him prior to such transfer;
(t) the extent of land that may be resumed shall, subject to the provisions of
sub-
section (3), be determined in the following manner, namely:- (i) where a
person
was entitled, as according to records, to rent in kind from the tiller during
Kharif,
1971, the extent of land resumable by such person shall bear the same
proportion
to the total land comprising the tenancy as the rent in kind bears to the
total produce; (ii) where a person was entitled, as according to records, to
rent in cash during Kharifi 1971, the extent of land resumable by such
person shall be regulated by the extent of rent in kind to which such rent in
cash can be commuted in accordance with the provisions of sub-sections
(3) and (8) of section 9; (iii) a person serving in defence force on or after
the Ist day of April, 1965 20[an ex-serviceman of the defence force] or a
widow or an orphan who is minor or a lunatic or an imbecile, or an insane
person or a person who is crippled or incapacitated by old age or infirmity
shall be permitted to resume land twenty per centtun in excess of the land
otherwise resumable under sub-clause (i) or (ii).
21
[(g) no person, who or any member of whose family holds an orchard
exceeding one hundred kanals, shall be eligible to resume land].
(3) The aggregate land that a person resuming land shall hold in personal cultivation,
after resumption, along with other members of the family if any to which he belongs,
shall not exceed 650 standard acres where such person belongs to the category of
persons mentioned in sub-clause (iii) of clause (f) of sub-section (2) and five standard
acres in other cases

20
Inserted by Act No.V of l978, S.5
21
Clause ‗g‘ added ibid.
38
39

HOUSES AND SHOPS

RENT CONTROL
ACT, 1966
40

THE JAMMU AND KASHMIR

HOUSES & SHOPS RENT CONTROL ACT, 1966

CHAPTER I—PRELIMINARY
1. Shorttitle, and extent ...................................
2. Definitions...............................................
CHAPTER II—PROVISIONS REGARDING RENT, ETC.
3. Amount in excess of fair rent irrecoverable.....................................
4. Premium, pugree or fine not to he claimed, received or asked
for or advance of more than one month’s rent not to be claimed or M
received.,............................................................................................
5. Restriction on the sale of furniture in any house or shop let to a
tenant...............................................................................................
6. Refund of rent, premium, pugree, etc, not recoverable under the
Act ...........................................................................
7. Fixation of rent of furnished house or shop ..................
8. Cases in which fair rent shall be fixed by the Controller………….
9. Date on which fair rent fixed by the Controller takes effect ............
l0. Landlord not to claim rent at a rate different from that at which it
is being paid except in certain cases .................................................
CHAPTER HI
SUITS AND PROCEEDINGS FOR EVICTION
11. Protection of a tenant against eviction ...............
11-A Restoration of possession to defence personal.......,.......,.....,..,.........
11-B. Right to recover immediate possession of residential building to
Certain persons .....................................................
12. When a tenant can get the benefit of protection against eviction
12-A. Restoration of possession to the tenant in the event of fire ..............
13. When a tenant is entitled to restoration of possession and
compensation ............................................................................... ..
CHAPTER III-A
V RECOVERY OF IMMEDIATE POSSESSION
13-B. Provisions of this Chapter to have overriding effect ..... ..
13-C.Right to recover immediate possession of houses to accrue to
certain persons ................................................
13-D. Special procedure for the disposal of suit for eviction on the
ground of bona fide requirement ....................................
41

13-E. Pending proceedings ............. ..........................................................

CHAPTER IV
DEPOSIT or RENT
14. Deposit of rent by the tenant ............................................................
15. Time limit for making deposit and consequence of incorrect particulars in
application for deposit ...........................................
16. Saving as to acceptance of rent ........................................................
CHAPTER V
APPOINTIVIENT OF CONTROLLER, ETC.
17. Appointment of Controller .......................................... ....................
18. Final hearing of certain applications ........................................ .....
19. Notice to landlords and tenants before exercising powers under the
Act ................................................................................................
20. Power to enter and inspect houses or shops, to require information and to
summon Witnesses .................................................................
CHAPTER VI
APPEAL, REVIEW AND REVISION
21 .Appeal, review and revision .............. ., .............................................

CHAPTER VII
PENALTIES AND MISCELLANEOUS
22. Penalty for recovering rent in excess of the fair rent ...................... ..
23. Penalty for disturbance of easements, etc .......................................
24. Payment and recovery of fine ........................................................... ..
25. Limitation for complaints ................................................................. ..
26. Issue of processes barred in certain cases ........................... ..........
27. Making of repairs and taking of measures for the maintenance of essential
services by the tenant on the failure or neglect of the landlord to do so
28. Taking of measures by the tenant in case of emergency ................ ..
29. Cutting off or withholding essential supply or service .................... ..
30. Supply of certified copies of the order of the Controller ..................
31. Controller to be a public servant ...................................................... ..
32. Bar of proceedings ............................................................................. ..
33. Power to make rules .......................................................................... ..
34. Repeal and Savings ........................................................................... ..
35. Special provision for pending cases .................................................. ..
SCHEDULES ...............................................................................................
42

THE JAMMU AND KASHMIR

HOUSES AND s1-101-as RENT
CONTROL ACT, 1966
Act N0. XXXIX of 1966
[Received the assent of the Governor on 28th October, 1966 and published in
Government Gazette dated 29th October, 1966 (Ext.)]
An Act to make better provision for the control of rents of houses and shops in
the urban areas in the State.
Be it enacted by the J ammo and Kashmir State Legislature in the Seventeenth
Year of the Republic of India as follows: —
CHAPTER I
PRELIMINARY
1. Short title and extent.
(1) This Act may be called the Jammu and Kashmir Houses and Shops
Rent Control Act, 1966.,
(2) It shall extend to the Municipalities of Jammu and Srinagar and to such
other Urban areas to which the Jammu and Kashmir Houses and Shops Rent Control
Act, Samvat 2009 extended at its
expiration:
Provided that the Government may, by notification, extend this
Act or any specified part thereof to any other urban area specified in
the notification:
Provided further that, in any area in which this Act or a part thereof is in
force, the Government may, by notification in the Government Gazette, extend all or
any of the provisions of this Act to any class or category of buildings to which this
Act does not apply, and every such building shall be construed as a ‗house‘ or ‗shop‘
as the notification may provide, within the meaning of this Act.
(3) Notwithstanding anything contained in sub-section (2), nothing in this
Act shall apply to-
(i) any house or premises belonging to, taken on lease or requisitioned
by the Government; 11[or the development authority constituted
under the Jammu and Kashmir Development Act, 1970] "
2
[(ii) Omitted]
(iii) any tenancy in respect of any house or shop where the income of
the tenant, whether accruing Within or outside the State, exceeds
rupees 11[60,000] perannum;

1
Substituted by Act XVIII of 1984. S.2.
2
Clause (ii) omitted by Act XXI of 1972.
43

3
[(IV) any house or shop belong to the municipality]
Explanation. — The word ―income‖ means ―net income‖.
2. Definitions
In this Act, unless there is anything repugnant in the subject or
context, --
(1) ―Controller‖ means any officer appointed by the 4[Government] as
such for the performance of the duties assigned by this Act to the Controller in any
particular area;
(2) ―fair rent‖ in respect of any house or shop means —
(a) the fair rent determined in accordance with the provisions of
schedule ―A‖;
(b) Where rent has been fixed under section 8, the rent so fixed
or at which it would have been fixed if applications were made
under the said section;
(3) ―house‖ means a building or part of a building suitable for occupation as
residence and includes —— '
(a) garden, ground and out-houses (if any) appurtenant to such
building or part of a building, and
(b) any furniture supplied. by the landlord for use in such building or
part of building;
(4) ―landlord‖ means any person who for the time being is receiving the rent
of any house or shop from the tenant thereof and includes any person who is entitled
to bring suit for such rent; I
(5) ―shop‖ means. a building or a part of a building suitable for occupation as
such and includes a piece of land, principally for business or trade;
(6) ―tenant‖ means any person by Wl'10II‗1 or on whose account rent or any
money liable to be paid for use of house or shop, is or but for a special contract,
would be payable for any such premises and includes legal representative of such
person; and, person continuing in possession after termination of tenancy in his
favour but does not include any person placed in occupation of the house or -shop by
its tenant without the consent of the landlord;
(7) ―urban area‖ means any area administered by a Municipal Committee,
a Town Area Committee or 1[a Notified Area Committee and includes any place
declared as a cantonment under section 3 of the Cantonments Act, 1924.]
COMMENTS

3. Added ibid
4. Substituted by Act XVI of 1978. S.2.
44

Tenant -Ejectment suit impieadment in array of defendants Tenants -Petitioner, son‘s son
of deceased defendant cannot inherit tenancy rights of suit- shop under Hindu Succession
Act in presence of his parental grandmother, uncles and aunts already brought on record
and substituted as defendants in place of deceased defendant, when it is not case of
petitioner that he was put in occupation of suit shop by his grandfather deceased-tenant
with consent of piaintiff landlord.-
Subodh Bhasin v. Vinod Kumar Guia & Anr. 2003 (Supp. 1) JKJ HO-511
CHAPTER II
PROVISIONS REGARDING RENT, ETC.
3. Amount in excess of fair rent irrecoverable
Subject to the provisions of this Act, any amount in excess of a
fair rent of any house or shop shall be irrecoverable notwithstanding
any agreement to the contrary. "
4. Premium, pugree or fine not to be claimed, received or asked for or
advance of more than one month’s rent not to be claimed or received
No person shall, in consideration of the grant, renewal or continuance of a tenancy of
any house or shop, --
(a) claim, receive or invite offers or ask for the payment of any
premium, pugree, fine or any other like imposition in addition to the
rent; or
(b) except with the previous written consent of the Controller, claim
or receive the payment of any sum exceeding one month‘s rent of
such house or shop as a rent in advance.
5. Restriction on the sale of furniture in any house or shop let to a
tenant
No person shall make the purchase or hiring of any furniture in any house or
shop a condition of the grant, renewal or continuance of a tenancy of such house or
shop of which he is the landlord to the tenant of such house or shop, except under a
permit in the prescribed form from the Controller and such permit shall not be given
unless the price or hire is reasonable.
6. Refund of rent, premium, pugree, etc. not recoverable under the
Act
(1) Where any sum has been paid or deposited on or after the date of the
commencement of this Act in respect of the occupation of any
house or shop —
(a) on account of rent, being a sum which is by reason of the
provisions of this Act irrecoverable; or
(b) as premium, pugree, fine or other like imposition in addition to the
rent or as rent in advance, the claiming or the receiving of which is
45

prohibited under this Act; or

(c) on account of price or hire of any furniture in such premises without
the permit of the Controller, under section 5;
the Controller may, on application made to him in this behalf at any time within a
period of six months from the date of such payment or deposit by the tenant by whom
such payment or deposit was made, order the landlord by whom such payment was
received or to whose credit such deposit was made to refund such sum to such tenant
or at the option of such tenant, order the adjustment of any sum so paid or deposited
in any other manner.
(2) An order of refund passed by the Controller under sub-section
(1) shall be executed by the Court having jurisdiction to entertain suit for the
recovery of arrears of rent in respect of the house or shop in relation to which the
sum ordered to be refunded was paid or deposited, as if such order or refund were a
decree of that Court.
7. Fixation of rent of furnished house or shop
Where any house or shop is let at rent which includes payment in respect
of the use of furniture, the Controller may, on application of the tenant made Within
six months of the beginning of the tenancy, reduce the portion of the rent which
according to the Controller was added in respect if the use of the furniture to a fair
and reasonable amount if he finds that such portion of the rent was unduly high; and
the resultant rent of the house or shop shall be stated by the Controller and shall be
deemed to be fair rent fixed under section 8.
Provided that nothing in this section shall affect the power of the Controller to
fix fair rent under other provisions of section 8. '
8. Cases in which fair rent shall be fixed by the Controller
(1) In any of the following cases, the Controller shall, on application by any
landlord or tenant, 5[fix the fair rent as set forth hereunder which shall be revised
after every and when request is made] ' -
(a) Where the provisions of Schedule ‗A‘ apply and there is no cause for the
alternation of the rate of fair rent as determined according to the Schedule for any of
the reasons mentioned in the following clauses, in accordance with the provisions of
Schedule ‗A‘.
(b) Where during the currency of a fair rent payable for any house or shop
there has been an increase in the municipal taxes, rates or cesses in respect of the
house or shop, by adding to it the amount of such increase as is payable by the
landlord by agreement with the tenant over and above what is payable by the landlord
himself under the local municipal law.

5
Substituted by Act XVI of I978. S.3.
46

(c) Where during the currency of a fair rent payable for any house or shop
the landlord has made some addition, alteration or improvement in the house or shop,
not being tenantable repairs necessary or useful for such house or shop, by adding to
such fair rent payable in one year ten per centum of the amount reasonably spent by
the landlord in making the said addition, alteration or improvement, the added
amount being divided amongst instalments for payment of rent of the year as would
be just and convenient:
Provided that when the house or shop is in occupation of a tenant at the
time of the said addition, alteration or improvement, the additional rent shall not be
recoverable from such tenant, unless such addition, alteration or improvement has
been made at the written request of the tenant. - -
(d) Where during the currency of fair rent the landlord has supplied any furniture for
use of the tenant in the house or shop by adding to such fair rent payable inione year
_ten pen centum of the price of -the said furniture as on the day they are supplied, the
added amount being amount being divided amongst instalments for payment of rent
of the year as would be just and convenient.
(e) Excepting the case covered by clause (f) following, where the provisions
of Schedule ‗A‘ for determining the fair rent do not apply, either because the house
or shop or the whole of the house or shop was not let during the twelve months prior
1st baisakh 1998,or for some other reasons, or where any house or shop has been let
rent free or at a normal rent,‗ or for some consideration other than money rent or in
addition to money rent, by fixing the fair rent at -a rate in accordance with Schedule
A, taking the rent which would have been reasonably payable for the house or shop if
let as ―basic rent‖ under the said Schedule.
(f) Where any house or shop has been Wholly or substantially constructed
after the last day of Chet, 2005, by fixing the fair rent payable for one year at a rate
not less than four per centum and not more than six per centum of the reasonable
costs of construction added to the reasonable price of the land included in the house
or shop as on the date of the commencement of such construction taking into account
the prevailing rate of rent in the locality for similar accom-modation with similar
advantages and amenities and the comparative advantages or disadvantages of
accommodation in the house or shop:
Provided that where the house or shop in respect of which fair rent is to be
fixed form a part of the construction the fair rent shall be fixed at a rate which is
fairly proportionate to the total fair rent of the entire construction. '
(g) Where no provisions of this Act for fixing fair rent apply to any
premises, by determining the fair rent at a rate which is fair and reasonable.
47

6
[(h) Where there is any dispute between the landlord and the tenant
regarding the amount of rent.]
(2) If, in fixing the fair rent, the Controller is required by this Act to
determine the rent at which the premises were let during the twelve months prior to
1st Baisakh, 1998, but it is not reasonably practicable to obtain sufficient evidence
for determining the said rent, he shall determine approximately the rent, at which in
reasonable probability the house or shop was let on the date and the rent so
determined shall be deemed to be the rent at which the premises were let during
twelve months prior to 1st Baisakh, 1998, and for the said purpose he may have
regard to the fair rents of similar houses or shops in the neighbourhood, and may
make presumptions either against the landlord or the tenant who, in his opinion, is in
a position to produce relevant evidence but is refraining from doing it.
9. Date on which fair rent fixed by the Controller takes effect
(1) When in fixing the fair rent under section 8 the rent which was being paid at
the time of the application is—
(i) decreased by the Controller, the fair rent fixed shall be payable from
the month next after the date of application, unless for reasons to be
recorded by the Controller, he decides that such rent should operate
from any earlier or later date;
(ii) increased by the Controller, the fair rent fixed shall be payable from the
time, as hereunder provided viz, -
(a) if increased under clause (a) of sub-section (1) of section 8, from the
month next after the date of application;
(b) if increased under clause (b) of the sub-section, from the month from
which the increase in the municipal rates, taxes or cesses came into force;
(c) if increased under clause (c) of the said sub-section, from the month
next after that in which the addition, alteration or improvement was
completed;
(d) if increased under clause (d) of the said sub-section, from the month
next after that in which the furniture was supplied.
(2) Where the fair rent is fixed —
(a) under clause (e) of the said sub-section, it shall be payable from the month
next after the date of the application;
(b) under clause (f) of the said sub-section, it shall be payable from the month
next after the date of the application, unless for reasons to be recorded by the
Controller he decides that such rate of rent should operate from any earlier or
Later date;
(c) under clause (g) of the said sub-section, it shall be payable from the month

6
Clause (h) added by Act XXVH of 1988. S.3.
48

next after the date of the application, unless for reasons to be recorded by
the Controller, he decides that such rate of rent should operate from any
earlier or later date.
(3) In fixing the fair rent the Controller shall, in every instance, specify in his
order the time from which the rent so fixed shall become payable.
10. Landlord not to claim rent at a rate different from that at which it
is being paid except in certain cases
Nothing in the provisions of this Act, including Schedule A, shall entitle the
landlord to claim rent from the -tenant at a rate different from that at which it is being
paid at the time, except by agreement with the tenant, valid in law including this Act,
or unless a different rate is fixed under section 8.
CHAPTER III
SUITS AND PROCEEDINGS FOR EVICTION
11. Protection of a tenant against eviction
(1) Notwithstanding anything to the contrary in any other Act or law, no order of
decree for the recovery of possession of any house or shop shall be made by any
Court in favour of the landlord against a tenant, including a tenant whose lease has
expired:
Provided that nothing in this sub-section shall apply to any suit for decree for
such recovery of possession -
(a) against a tenant who has transferred his tenancy right in whole or in part with
possession otherwise than by sub-lease;
(b) against such transferee;
(c) against a tenant who has sub-let the whole or a major portion of the house or
shop for major than seven consecutive months: ' '
Provided that if a tenant, who has sub-let major portion of the house or shop,
agrees to possess as a tenant the portion of the house or shop not sub~let on payment
of rent fixed by the ―Court, the Court shall pass a decree for ejectment from only a
portion of the house or shop sub-let and fix proportionately fair rent for the portion
kept in possession of such tenant, which portion shall thenceforth constitute house or
shop under clause (3) or clause (5) of section 2 5nd the rent
so fixed shall be deemed fair rent fixed under section8:
7
[Provided further that no order or decree for the I recovery of possession shall
be made in favour of the landlord if the tenant. Has sub-let the house or shop or
portion thereof with the written consent
of the owner;]

7
Inserted by Act XVI of 1978. S.4
49

(d) Where the tenant has done any act contrary to the provisions of clause
(m), clause (o) or clause (p) of section 108 of the Transfer of Property Act, 1977;
(e) where the tenant has been using the house or shop or any part or allowing
the house or any part to be used for immoral or illegal purposes;
8
[(ee) where the tenant fails to use or occupy the house or shop for a period of not
less than seven consecutive months;]
(f)where the condition of the house or shop has materially deteriorated
owing to acts of waste by, or negligence or default of the tenant, or of any
person residing with the tenant or for Whose behaviour the tenant is
responsible;
(g) where the tenant has been guilty of conduct which is a nuisance or
annoyance to occupiers of adjoining or neighbouring houses or shops,
including the landlord;
(h) Where the house or shop is reasonably required by the landlord either
for purposes of building or re-building, or for his own occupation or for the
occupation of any person for whose benefit the house or shop is held:
Provided that all sub-tenants in the house or shop are made parties to the suit and
allowed opportunity of contesting claim to decree for ejectment.
Explanation. - The Court in determining the reasonableness of requirement for
purposes of building or re-building shall have regard to the comparative public
benefit or disadvantage by extending or diminishing accommodation, and in
determining reasonableness of requirement for occupation shall have regard to the
comparative advantage or disadvantage of the landlord or the person for whose
benefit the house or shop is held and of the tenant:
Provided that where the Court thinks that the reasonable requirement of such
occupation may be substantially satisfied by evicting the tenant from a part only of
the house or shop and allowing the tenant to continue occupation of the rest, and the
tenant agrees to such occupation, the Court shall pass a decree accordingly and fix a
proportionately fair rent for the portion in occupation of the tenant, which portion
shall henceforth constitute the house or shop within clause (3) or clause (5) of section
2 and the rent fixed shall be deemed to be the fair rent fixed under section 8;
(i) subject to the provisions of section 12, where the amount of two months rent
legally payable by the tenant and due from him is in arrears by not having been paid
within the time fixed by contract, or in the absence of such contract by the
fifteenth day of the month next following that for which the rent is payable or by not
having been validly deposited in accordance with section 14:
Provided that no such amount shall be deemed to be in arrears unless the landlord on
the rent becoming due serves a notice in writing through Post Office under a

8
Inserted by Act XVI of 1978.S.4
50

registered cover on the tenant to pay or deposit the arrears within a period of 9[thirty]
days from the date of the receipt of such notice and the tenant fails to pay or deposit
the said arrears within the specified period;
10
[(j) Where the house was let to the tenant for use as a residenceby
reason of his being in the service or employment of the landlord, and the tenant has
ceased to be in such service or employment:
Provided that where the tenant is a workman who has been his service or
discharged or dismissed by the landlord from his services or employment in
contravention of the provisions of the Industrial Disputes Act, 1947 , he shall not be
liable to be evicted until the competent authority under of discharge or dismissal
made against him by the landlord
under that Act confirms the or
(k) where the house or shop is required for the immediate purpose
of demolition ordered by any local authority or other competent
authority.]
COMMENTS
Section 11 (1)(h)−ejectment suit – bona fide and reasonable requirement
Explained (A 1923 Cal. 223 AlR1954 Mad. 514 AIR 1977 SC 2077, AIR 1979
SC 272, AIR 982 SC 1518, 1974 Ren Control Reporter 441, 1984(1) ARC 113,
1994 (2) Rent Control Reporter 386, Fief.)—Harbans Lal v. Amer Nath2003 (2)
JKJ355(HC/J&K) _ -
Section 11(1)(h) — Ejectment suit — Plaintiff requiring suit premises for his
personal need as also for the need of his unemployed son — Plaintiff toiled
ejectment suit in 1963 which was dismissed —- After 20 years he filed another suit
in 1983 — Defendant owning 5 or 6 shops and one he has got vacated, lying
vacant— Need of plaintiff, held, bona tide.-—Harbans La! v. Amar Nath2003 (2)
JKJ355(HC/J&K)
11
[11-A. Restoration of possession to defence personal
Notwithstanding anything to the contrary contained in this Act, possession
of a residential building shall be restored within one month from the date of
12
[(application to the controller)] if —
(a) the landlord is a member of the Defence Forces and requires if
for12[Bona fide occupation] of his family and produces a certificate
from his Commanding Officer showing that he is serving under special

9
Substituted by Act XXX of 1973. S2
10
Clause (j), (k) inserted by Act XXVll of 1985.S.4.
11
Section 11-A inserted by Act XXX of 1973. S.3.
12
Substituted by Act II of 1977. S.2.
51

conditions within the meaning of section 3 of the Indian Soldiers

(litigation) Act, 1925;
(b) the landlord is a member of the Defence Forces and requires it for
his own occupation on retirement, release or discharge from the
Defence Services and produces a certificate from his Commanding
Officer evidencing his release, retirement or discharge; and
(c) the landlord is the wife of a deceased member of Defence Force,
who requires it for her own occupation and produces certificate from
the Commanding Officer of her deceased husband to the effect that her
husband died while serving under special conditions within the
meaning of section 3 of the Indian Soldiers (litigation) Act, 1925.]
13
[11-B. Right to recover immediate possession of residential building
to certain persons _
(1)Where a landlord serving in the Railways Department of the Government
of India at any time within one year prior to or within one year after the date of his
retirement applies to the Controller along with a certificate from the authority
competent to remove him from service indicating the date of his retirement, there
shall accrue, on and from the date of such application to such landlord,
notwithstanding anything contained in this Act, or in any other law for the time being
in force or in any contract (whether express or implied), custom or usage to the
contrary, a right to recover immediately the possession of such residential building or
any part or parts of such building if let out in part or parts:
Provided that the application shall accompany an affidavit to the effect that the
applicant does-not own any other accommodation in the local area in which he
intends to reside.
(2) Nothing in this section or in this Act shall be deemed to entitle the
landlord to get a decree for the recovery of possession of any house or shop against
the tenant, where any contract or law debars such relief, or except in accordance with
the provisions of law for getting such relief; and such contract shall not be deemed to
be inoperative by reason of interference by this Act with other terms of the lease.
12. When a tenant can get the benefit of protection against eviction
(1) If in a suit for recovery of possession of any house or shop from the tenant
the landlord would not get a decree ‗for possession but for clause (i) of the proviso to
sub-section (1) of section 11, the Court shall determine the amount of rent legally
payable by the tenant and which is in arrears taking in-to consideration any order
made under sub-section. (4) and effect thereof up to the date of the order mentioned
hereafter, as also the amount of interest on such arrears of rent calculated at the rate
of nine and three eighths per centum per annum from the day when the rents became
13
Section 11-B inserted by Act XXX of1973. S.5.
52

arrears up to such date, together with the amount of such cost of the suit as if fairly
allowable to the plaintiff-landlord, and shall make an order on the tenant for paying
the aggregate of the amounts (specifying in the order such aggregate sum) on or
before a date fixed in the order. .
(2) Such date fixed for payment shall be the fifteenth day from the date of the
order, excluding the day of the order.
(3) If, within the time fixed in the order under sub—section (1), the tenant
deposits in the Court the sum specified in the said order, the suit, so far as it is a suit
for recovery of possession of the house or shop, shall be dismissed by the Court. In
default of such payment the Court shall proceed with the hearing of the suit:
Provided that the tenant shall not be entitled to the benefit of protection against
eviction under this section, if, notwithstanding the receipt of notice under proviso to
clause (i) of the proviso to sub-section (1) of section (11), he makes a default in the
payment of the rent referred to in clause (i) of the proviso to sub-section (1) of
section 11 on three occasions within a period of eighteen months.
(4) If the tenant contests the suit, as regards claim for ejectment, the plaintiff-
landlord may make an application at any stage of the suit for order on the tenant—
defendant to deposit month by month rent at a rate at which it was last paid and also
the arrears of rent, if any, and the Court, after giving an opportunity to the parties to
be heard, may make an order for deposit of rent at such rate month by month, and the
arrears of rent, if any, and on failure of the tenant to deposit the arrears of rent within
fifteen days of the date of the order or the rent at such rate for any month by the
fifteenth day of the next following month, the Court shall order the defence against
ejectment to be struck out and the tenant to be placed in the same position as if he
had not defended the claim to ejectment. The landlord may also apply for permission
to withdraw the deposited rent without prejudice to his right to claim decree for
ejectment and the Court may permit him to do so.
(5) The power given under sub-section (4) may be exercised by Courts of
appeal with necessary adaptation.
COMMENTS
Section 12(4), CPC, Section 148 -- Eviction suit — Application under for deposit of month-to-month
rent -- Defendant not complying with directions of court to deposit rent —- Application by landlord
seeking striking off defence of defendant— Defendant-tenant depositing rent after stipulated date
and application for condo-nation of delay rejected by trial court and his defence struck off — Order
challenged in revision — Section 12(4) held directory and not mandatory — Exercise of discretion
subject to satisfaction of court that defendant tenant was prevented fromdepositing rent within
stipulated time — Delay in present case due to serious illness of father of defendant — Order of
trial court striking off defence set aside.—KuIdeep Matteo & Anr. v. Hirday Nath Pandfra 2003 (3)
JKJ HC-255
53

14
[12-A. Restoration of possession to the tenant in the event of fire
(1) If any house or shop gutted in fire is wholly or partly rebuilt by the
landlord, the tenant thereof shall have prior right of re-entry there to.
(2) The landlord on the completion of the building shall give a notice of at least
one month‘s duration calling upon the tenant to re-enter into the building on payment
of rent at market rate, notwithstanding anything contained in section 8.
(3) On receipt of the notice the tenant will convey his consent within 15 days
agreeing to pay a rent at market rate, failing which the tenant will forfeit his right of
re-entry.
(4) In case the tenant gives his consent of re-entry on payment of rent at market
rate and the landlord declines re-entry to the tenant, the tenant may make application
within one month of his having given consent to Controller who will proceed in the
matter in accordance with the provisions of section 13 of the Act.]
13. When a tenant is entitled to restoration of possession and
compensation
(1) Where the landlord recovers possession of any house from the tenant by
virtue of a decree secured because of clause 15[(h)] of the proviso to sub-section (1)
of 16[section 11 or because of section 11-A]and the building or re-building of the
house or shop is not commenced within six months, or the house or shop is not
occupied by the landlord or by the person for whose benefit the house or shop is held
within two months of the date of vacation of the house or shop by such tenant,
or the house or shop, having been so occupied is re-let within six months of the date
of such occupation to any person other than such tenant without the permission of the
Controller obtained in the prescribed manner, the Controller may, on the application
of such tenant made within nine months of his vacating the house or shop, and giving
the landlord an opportunity of being heard, by order direct the landlord to put such
tenant in possession of the house or shop or to pay him such compensation as may be
fixed by the Controller, or both:
Provided that the Controller may, on the application of the landlord,
extend the period within which the building or re-building of the house or shop is to
be commenced, by two months at a time and twelve months in all.
(2) Where the landlord obtains a decree for ejectment because of clause
17
[(h)] of the proviso to sub-section (1) of section 11 and one of the principal reasons
for passing such a decree is the expected public benefit of the proposed project of
building or re-building by extending accommodation but the actual building or re-
14
Section 12-A inserted by Act XVI of 1978.S.5.
15
For the brackets and letter (b) the brackets and letter (h) substituted by Act XXX of 1973.S.4.
16
Substituted ibid.
17
Substituted by Act XXX of 1973. S.4.
54

building deviates materially from the said project and fails substantially to provide
the expected extension of accommodation, the Controller may, on the application of
the previous tenant, and after giving the landlord opportunity of being heard, levy a
fine on the landlord, which may extend to rupees one thousand and may in addition,
order the land-lord to pay such compensation to the previous tenant as may be fixed
by the Controller.
18
[(3) Where the landlord obtains a decree for ejectment in terms of clause (h) of
sub-section (1) of section 11 and the tenant is ejected on the ground that the house or
shop is required by him for building or rebuilding, the tenant thereof shall have first
right to tenancy:
Provided that the tenant shall pay the rent at market rates notwithstanding
anything contained in section 8.]
19
[CHAPTER III-A]
Recovery of Immediate Possession
13-A. In this Chapter —
(a) ‗Local authority‘ shall include the Custodian General, the Custodian
and any other authority empowered under the Jammu and Kashmir
State Evacuees (Administration of Property) Act, 2006 to make
allotment; and
(b) ‗house‘ includes a house which is an evacuee property under the
Jammu and Kashmir State Evacuees (Administration of Property) Act,
2006.
13-B. Provisions of this Chapter to have overriding effect
The Provisions of this Chapter or any rule made there under shall have
effect notwithstanding anything inconsistent therein contained elsewhere in this Act
or in any other law for the time being in force or in any judgment, decree or order
passed prior to the commencement of the Jammu and Kashmir Houses and Shops
Rent Control (Amendment) Act, 1976.
13-C. Right to recover immediate possession of houses to accrue to
certain persons
(1) where a landlord, who being a person in occupation of any residential
house allotted to him by the Government or any local authority is required, by or in
pursuance of any general or special order made by the Government or local authority
to vacate such house or in default, to incur certain obligations, on the ground that he
owns in the State, a house either in his own name or in the name of his wife or
dependent child, there shall accrue, on and from the date of such order, to such

18
Sub-section (3) inserted by Act XVI of 1978. S. 6.
19
Chapter III-A inserted by Act VIII of 1976. S. 2
55

landlord notwithstanding anything contained else where in this Act or in any other
law for the time being in force or in any contract (whether express or implied),
custom or usage to the contrary, a right to recover immediately possession of any
house let out by him:
Provided that nothing in this section shall be construed as conferring a right
on a landlord owing at the place where the house allotted to him is situated, two or
more dwelling houses, whether in his own name or in the name of his wife or
dependent child, to recover the possession of more than one dwelling house and it
shall be lawful for such landlord to indicate the dwelling house, possession of which
he intends to recover.
(2) Notwithstanding anything contained elsewhere in this Act or in any other
law for the time being in force or in any contract, custom or usage to the contrary,
where the landlord exercises the right of recovery conferred on him by sub-section
(1) no compensation shall be payable by him to the tenant or any person claiming
through or under him and no claim for such compensation shall be entertained by any
court, tribunal or other authority:
Provided that where the landlord had received -
(a) any rent in advance from the tenant, he shall within a period of ninety
days from the date of recovery of the house by him, refund to the tenant
such amount as represents the rent payable for the unexpired portion of
the contract, agreement or lease;
(b) any other payment, he shall within the period aforesaid, refund to the
tenant a sum which shall bear the same proportion to the total amount so
received as the unexpired portion of the contract or agreement or lease
bears to the total period of contract or agreement or lease:
Provided further that, if any default is made in making any refund as aforesaid,
the landlord shall be liable to pay simple interest at the rate of six per cent per annum.
13-D. Special procedure for the disposal of suit for eviction on the
ground of bona fide requirement
(1) Every suit by a landlord for the recovery of possession of any house on
the ground specified in section 13—C shall be dealt with in accordance with the
procedure specified in this section.
(2) The Court shall issue summons, in relation to every suit referred to in sub-
section (1) in the form specified in Schedule B.
(3) (a) The Court shall, in addition to and simultaneously with the issue
of summons for service on the tenant, also direct the summons to
be served by registered post, acknowledgement due, addressed to
the tenant or his agent empowered to accept the service at the
place where the tenant or his agent actually and voluntarily resides
56

or carries on business or personally works for gain and may, if the

circumstances of the case so require, also direct the publication of
summons newspaper circulating in the locality in which the tenant
is last known to have resided or carried on business or personally
worked for galn.
(b) When an acknowledgement purporting to be signed by the tenant or
his agent is received by the Court or the registered article containing
the summons is received back with an endorsement purporting to have been made by
a postal employee to the effect that the tenant or his agent had refused to take
delivery of the of registered article, the Court may declare are that there has been a
valid service of summons.
(4) The tenant on whom the summons is duly served (whether in the ordinary
way or by registered post) in the form specified in Schedule B shall not contest the
prayer for eviction from the house unless he files an affidavit stating the grounds on
which he seeks to contest the suit for eviction and obtains leave from the Court as
hereinafter provided; and in default of his appearance in pursuance of the summons
or his obtaining such leave, the statement made by the landlord in the suit for eviction
shall be deemed to be admitted by the tetant and the applicant shall be entitled to an
order for eviction on the ground aforesaid.
.(5) The Court shall give to the tenant leave to contest the suit if the affidavit.
filed by the tenant discloses such facts as would disentitle the landlord from obtaining
an order for the recovery of possession of .the house on the ground specified in
section 13-C.
(6) Where leave is granted to the tenant to contest the suit the. Court shall
commence the hearing of the suit as early as practicable.
(7) Notwithstanding anything contained in this Act the Court shall while
holding an inquiry in a proceeding to which this Chapter applies, follow the practice
and procedure of a Court of Small Causes, including the recording of evidence.
(8) No appeal or second appeal shall lie against an order for the recovery of
possession of any house made by the Court in accordance with the procedure
specified in this section:
Provided that the High Court may, for the purposes of satisfying itself that an
order made by the Court under this section is according to law, call for the records of
the case and pass such order in respect thereto as it thinks fit.
(9) Where no suit has been made in the High Court in revision, the Court may
exercise the powers of review in accordance With the provisions of Order XLVII of
the First Schedule to the Code of Civil Procedure, 1977.
(10) Save as otherwise provided in this Chapter the procedure for the disposal
of a suit for eviction on the ground specified in section 13-C shall be the same as the
procedure for the disposal of suit by Court.
57

13-E. Pending proceedings

Where on the day of commencement of the Jamrnu and Kashmir Houses and
Shops Rent Control (Amendment) Act,197 6 —
(a) any eviction proceedings between such landlord and his tenant are
pending before the trial court the ground for immediate recovery of
possession pursuant to Government Order shall accrue to him as an
additional ground for eviction and thereupon the provisions of
sections 18-C and 13-D shall as far as practicable apply: and
(b) any eviction proceedings are pending before an appellate or
revisional court, such court shall on an application made by the
landlord in this behalf, remand the case without going into the merits
of the appeal or revision as the case may be, to the trial court and there
upon the trial court shall, as far as practicable, try such case in
accordance with the procedure set out in section 13-C and 13D.]
CHAPTER IV
DEPOSIT OF RENT
14. Deposit of rent by the tenant
(1) Where the landlord does not accept any rent tendered by the tenant, or
the tenant experiences difficulty in paying the rent to the landlord of the house or
shop, he may deposit such rent with the Controller in the prescribed manner. _
(2) The deposit shall be accompanied by an application supported
by an affidavit from the tenant stating — -
(a) the house or shop for which the rent is deposited, with description
sufficient for identifying the house or shop;
(b) the period for which the rent is being deposited;
(c) the name and address of the landlord; and _
(d) the reasons and circumstances which led him to deposit the rent:
Provided that no affidavit in support of an application shall be required in
case of a deposit made subsequent to the first deposit if the reasons and
circumstances which led the tenant to make the first first remain the same.
(3) The application shall be accompanied by a correct copy of the application
and the prescribed fee for sending to the landlord or to person or persons mentioned
in sub-section (4), the notice of the deposit, accompanied by a copy of the application
by registered post with acknowledgement due.
(4) When the reason for making the deposit is doubt as to the person or persons
entitled to receive the rent, the tenant shall state in his application, if possible, the
name and the address of the person or persons, who, to his best information and
belief, is the landlord entitled to receive the rent, and in case there are more such
58

persons than one the application shall be accompanied by as many copies as there are
such persons.
(5) The Controller on receipt of the deposit, the prescribed fee, the application
and its copy or copies shall, within fifteen clap of such receipt, send to the landlord or
to the person or each of the persons referred to in sub-section (4), if any such person
or persons have been named with address in the application, a notice of deposit in the
prescribed manner as also a copy of the application, authenticated by the shall be
evidence in a Court of law without further proof of the contents of the original
application made to the controller
(6) If the landlord named in the application asks by a petition for payment to
him of the rent deposited, the controller, on being satisfied that the fied that the
landlord named in the application is the petitioner, shall pay the amount to him
prescribed manner.
(7) If the person or persons named in the application according to sub-section
(4) petition for payment to him or to them of the rent deposited, stating that he or
they is or are the landlords entitled to receive the rent, or asking for payment to them
keeping open the question of disputed landlordship or agreeing the some one or
more amongst them should receive payment, controller, on being satisfied that the
person or persons named in the application is or are the petitioners shall pay the
amount to him or them in the prescribed manner.
(8) If the amount of rent deposited is not withdrawn by the landlord or person
or persons mentioned in sub-section (4) before expiration of five years from the date
of the posting of notice of deposit, it shall, subject to order of any Court, be forfeited
Government.
(9) If, at the time of filing, the petition mentioned in sub-section (6) or (‗Q but not
after the expiry of thirty days from receiving notice of deposit, the landlord or the
person or persons mentioned sub-section (4) complain to the Controller that the
statements in the tenant‘s application of the reasons and circumstances which led him
to deposit the rent are untrue, the Controller, after giving the tenant opportunity of
being heard, may le1y,,a,finHe_on_him yhich may extend to five hundred rupees if
he is satisfied that the said statements were ‗materially untrue and that there was no
difficulty in paying the rent direct to li1g1lor d in the tenant‘s application, he may
levy the rent, and may order that a sum out of the realised be paid to the landlord as
compensation. But if on hearing the matter Controller is satisfied that the said
statements were substantially correct and there was difficulty in the way of the
tenant paying rent direct to the landlord as alleged in the tenant‘s application, he may
levy a fine on the complaint which may extend to five hundred rupees, and may
order that a sum out of the fine realised be paid
the tenant as compensation.
59

Explanation. — If, after such complaint, the complainant does not desire or
neglects to proceed with the hearing of his complaint, the matter may be heard and
order made at the instance of the tenant.