LIAQAT ALI Vs. MIR MOHD

JUDGEMENT

(1.) THIS civil second appeal is directed against the judgment dated 19th November, l966, of the learned District Judge, Poonch up -holding the judgment and decree dated 16th May, of the Sub -Judge, Rajouri, whereby the latter dismissed the appellants suit for possession of land measuring 5 kanals comprised in Survey No. 479 situate in village Kothera, Tehsil Rajouri.

(2.) THE facts leading to this appeal are: -

(3.) THE suit was resisted by the defendants inter -alia on the grounds that the plaintiffs were not the owners of the suit land, that they (i.e. the defendants) had been in possession of the land as owners for more than 50 years, that the suit land had been in Hissadari Kasht of the defendants and Walia and Alia, that even if the plaintiffs had taken a gift of the suit land from Saif -ud -din the defendants were not bound by that transfer as the Khewat was joint and no co -sharer could sell or transfer a specific number out of a joint Khewat without partition, more so when in Hissadari Kasht of another co -sharer and that the suit was liable to be dismissed as it had not been instituted within 12 years, In the alternative the defendants pleaded that in case it was held that they were not the owners of the land they were the tenants thereof and were not liable to be ejected therefrom and that the suit was not cognizable by a civil court.