(1) Notwithstanding anything contained in any other law
for the time being in force or in any contract, instrument, custom or usage
or in any judgment, decree or order of a Court, but subject to the provisions
of this Chapter ; where––
(a) a dwelling house was, on the first day of September, 1971, occupied by a person who is a tiller or is a member of a scheduled caste or is a landless agricultural labourer or is a gujjar or a bakarwal or gaddi or is a landless labourer engaged in occupation ancillary to agriculture ; and
(b) the site of such dwelling house and the land appurtenant thereto is not owned by such person ;
the rights, title and interest in such dwelling house and the site thereunder and land appurtenant thereto shall be deemed to have extinguished and vested in the 1[Union territory of Jammu and Kashmir] on the first day of May, 1973 :
Provided that rights, title and interest in such dwelling house shall not vest in the 1[Union territory of Jammu and Kashmir] where it has been built at the expense of such person or any of his predecessors-in-interest :
Provided further that where such person has been in occupation of such dwelling house for a continuous period of ten years on the date of commencement of this Act, he shall be deemed to have acquired ownership of such dwelling house in lieu of service rendered by him to the owner of land under and appurtenant to such dwelling house.
(2) The area under and appurtenant to such dwelling house as is mentioned in sub-section (1) shall not, along with the area under and appurtenant to a building in municipal area or town area or notified area or village abadi and such land as is exempted by clauses (j) and (1) of section 3, exceed in the aggregate four kanals for such person and all the members of the family, if any, to which he belongs.
(a) a dwelling house was, on the first day of September, 1971, occupied by a person who is a tiller or is a member of a scheduled caste or is a landless agricultural labourer or is a gujjar or a bakarwal or gaddi or is a landless labourer engaged in occupation ancillary to agriculture ; and
(b) the site of such dwelling house and the land appurtenant thereto is not owned by such person ;
the rights, title and interest in such dwelling house and the site thereunder and land appurtenant thereto shall be deemed to have extinguished and vested in the 1[Union territory of Jammu and Kashmir] on the first day of May, 1973 :
Provided that rights, title and interest in such dwelling house shall not vest in the 1[Union territory of Jammu and Kashmir] where it has been built at the expense of such person or any of his predecessors-in-interest :
Provided further that where such person has been in occupation of such dwelling house for a continuous period of ten years on the date of commencement of this Act, he shall be deemed to have acquired ownership of such dwelling house in lieu of service rendered by him to the owner of land under and appurtenant to such dwelling house.
(2) The area under and appurtenant to such dwelling house as is mentioned in sub-section (1) shall not, along with the area under and appurtenant to a building in municipal area or town area or notified area or village abadi and such land as is exempted by clauses (j) and (1) of section 3, exceed in the aggregate four kanals for such person and all the members of the family, if any, to which he belongs.
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.