Section 11 in Jammu and Kashmir Agrarian Reforms Rules, 1977
11. Mutations sanctioned under the earlier Act
Where extinguishment and/or vesting of rights in land, made by the earlier Act, have been given effect to by a mutation and such extinguishment and/or vesting have been made ineffective by section 43, a Revenue Officer not below the rank of a Tehsildar shall, after giving the parties 'an opportunity of being heard; endorse on such mutation an order, giving reasons therefor, directing that such extinguishment and/or vesting shall not be given effect to and indicating what entry, if any, be made instead of the one sanctioned under the earlier Act.Illustrations(i)X, a displaced person, was allotted one standard acre of evacuees land in each of the three villages A, B and C. He does not have any other land nor does any member of his family. He was not personally cultivating the land in any of these villages on first September, 1971. Mutations have been attested in all the villages giving effect to the extinguishment of the rights of X in all the villages under sub-section (3) of section 17 of the Jammu and Kashmir Agrarian Reforms Act of 1972. On each of these three mutations, the Tehsildar, acting under this Chapter, shall endorse an order directing that the order already passed be not given any effect, because sub-section (I) of section 4 does not apply to evacuees' land.(ii)X, a displaced person, was allotted evacuees' land in different villages as per details given below, namely :-in village A ..........two standard kanal;in village B ..........one standard acres; andin village C ..........one standard acre;He was cultivating personally, in Kharief 1971, land in village A. In all the three villages, mutations have been attested giving effect to the conferment of ownership rights the evacuees' land on X. On all these mutations, the Tehsildar acting under this Chapter, shall endorse, orders directing that the orders already passed be not given any effect, because the provisions relating to the conferment of ownership rights in land held in personal cultivation, as given in the Act, do not apply to evacuees' land.(iii)[ 'A' held land in village X measuring fifteen standard acres in the form of orchard that existed as such on first September, 1971. He also held land, other than orchard, measuring four standard acres, in Personal cultivation in Kharief, 1971. 'A' or any other member of his family did not have any other land or orchard on first September, 1971. Mutations has been attested in this village extinguishing rights of ownership of 'A' in four standard acres of land held by him in addition to the orchard. His right of ownership in the orchard has been kept in tact. On this mutation the Tehsildar, acting under this Chapter shall endorse an order, directing that order already passed be not given any effect because the orchard does not come within the definition of land] [Substituted by SRO-430 dated 28-7-1978.].
