Vidhi Codex

section 26

Action to be taken by Deputy Commissioner when decree or order passed contrary to Act

The Jammu and Kashmir Alienation of Land Act, 1995
General199531 sections
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Statutory text
  1. (1) Notwithstanding anything contained in the Code of Civil Procedure or in any other Act for the time being in force, every Civil Court which passes a decree or order involving
    • (i) the permanent alienation of his land by a member of an agricultural class or
    • (ii) the mortgage by a member of an agricultural class of his land when the mortgagee is not a member of an agricultural class shall send to the [Deputy Commissioner] of the circle in which the land is situated, a copy of such decree or order.
  2. (2) When it appears to the [Deputy Commissioner] that any Civil Court has either before or after the date when his Act comes into operation, passed a decree or order contrary to any of the provisions of this Act, the [Deputy Commissioner] may apply for the revision of such decree or order to the Court, if any, to which an appeal would lie from such decree or order or in which an appeal could have been instituted at the time when the decree or order was passed or in any other case, to the High Court. And when the Court finds that such decree or order is contrary to any of the provisions of this Act it shall alter it so as to make it consistent with this Act. Such application shall be made within three months of the date upon which the [Deputy Commissioner] is informed of such decree or order.
  3. (3) When any such appellate Court passes order rejecting such application the [Deputy Commissioner] may, within three months after the date upon which he is informed of such order, apply to the High Court for revision thereof.
  4. (4) Every Civil Court which passes an order on any application made under this section shall forthwith send a copy thereof to the [Deputy Commissioner].
  5. (5) No court-fee stamp shall be required upon such applications and the provisions of the Code of Civil Procedure as regards appeals shall apply so far as may be to the procedure of the Court on receipt of such applications :

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