MUSHTAQ HUSSAIN Vs. MOHD. QASIM

JUDGEMENT

(1.) The dispute between the parties pertains to the possession of a piece of land measuring 5 Kanals 02 Marias comprised in Survey No. 442 of Village Kothra-Darhal falling in District Rajouri.

(2.) Relying on the Affidavits and Documents produced by Mushtaq Hussain and Barkat Hussain, and refusing to take notice of the photo-copies of the documents produced by M/s Mohammad Qasim, Mohammad Azat and Abdul Ghani, the learned Additional District Magistrate, Rajouri, declared Mushtaq Hussain and Barkat Hussain in possession of the land in question directing delivery of possession thereof to them while concluding proceedings initiated under Section 145 of the Code of Criminal Procedure.

(3.) Exercising Revisional Jurisdiction and upsetting the learned Executive Magistrate's order, the learned Additional Sessions Judge, Rajouri, has, on the Respondents' Revision Petition, directed fresh enquiry into the possession of the land in question.