Section 9 in The Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (1950 A. D.)
9. [ Consequences of transfer. [Section 9 substituted by Act No. XXXV of 2011.]
- Notwithstanding anything contained in any contract or in any law for the time being in force, and save as otherwise provided in this Act, the consequences as hereinafter set forth shall ensue in respect of land, of which the right of ownership is extinguished under section 4, namely :-(a)all rights, title and interest of the proprietor a respect of such land including trees, wells (other than private wells), tanks, ponds, water channels or khuls and pathways, except right in any water-mill or jandar, shall cease and be vested upon transfer, under section 5 in the tiller, or in the State, as the case may be, free from all encumbrances ;(b)all arrears of revenue, cesses or other dues under any enactment or Government order or rule for the time being in force and all outstanding Taccavi loans due from the proprietor in respect of such land shall be remitted ;(c)all grants, rights privileges and interests made or created by the proprietor or existing otherwise, in respect of such land or its land revenue, except assignments of land revenue for religious purposes made by the State, shall terminate ;(d)all suits and proceedings in respect of such land pending in any Court on the date of the commencement of this Act and all proceedings taken upon any decree or order passed in any such suit or proceedings shall abate and the right or title claimed in any such suit or proceedings shall be determinable under the provisions of section 16 of this Act :][Provided that nothing herein contained shall affect the right of any person, being a proprietor of any land, to continue to enjoy any right of way for the beneficial enjoyment of the land, as he was enjoying on the date immediately proceeding the date of such transfer or vesting.] [Proviso to section 9 added by Act No. IX of 1956.]
