J&K Agrarian Reforms Act | Landlord-Tenant Relationship To Be Established Between Parties To Avail Ownership Rights U/S 4, 8 : High Court
Live LawThe Jammu and Kashmir and Ladakh High Court has recently ruled that in order to get the benefit of Sections 4 and 8 of the Agrarian Reforms Act, 1976 it has to be established that there was a relationship of a landlord and tenant between the parties and a tenant who was in possession of the land was paying rent to the landlord. Under the Agrarian Reforms Act, Section 4 defines criteria for tenants to qualify for benefits, including possession of the land during Kharief 1971 and payment of rent. In order to address the matter, the bench examined the provisions of the Agrarian Reforms Act of 1976 and observed that the Act aimed to extinguish the landlord-tenant relationship and provided specific criteria for tenants to qualify for its benefits, including those under Sections 4 and 8. The court noted that the land was agricultural and had a recorded history of the father of the petitioner being a tenant before the Agrarian Reforms Act came into force.
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