Section 38 in The Jammu and Kashmir Consolidation of Holdings Act, 1962
38. Encumbrances.
(1)If a holding brought under the Scheme of Consolidation is burdened with any lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance shall be transferred and attached to the corresponding holding under the scheme or to such part of it as the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] may have determined in preparing the Scheme and thereupon the lessee, mortgagee or other encumbrancer, as the case may be, shall cease to have any right in or against the land from which the lease or other encumbrance has been transferred.Explanation. - "Lessee" shall include an Ajarahdar and a Patadar.(2)The [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall, if necessary, put any lessee, mortgagee or other encumbrancer entitled to possession, in possession of the holding, or part of the holding to which his lease or other encumbrance has been transferred under sub-section (1).
