ABDUL QAYOOM KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition petitioners on the foundation of case setup implores for the following reliefs: -

(2.) The background facts under the cover of which the petitioners claims the reliefs aforesaid are that one Ali Khan and his brother Ghulam Mohammd Khan (predecessors in interest of the petitioners) had created a mortgage along with possession of land measuring 02 kanals and 15 marlas covered under Survey No. 3386/2921 of revenue estate Natipora (in short land in question) in favour of the predecessors in interest of private respondents herein (father of respondent No. 3.)

(3.) It is being stated that the predecessors in interest of the petitioners along with some petitioners filed a civil suit on 26.03.1969 before the court of Additional Munsiff, Srinagar, seeking therein the redemption of the mortgage and delivery of possession of land in question which court during the trial of the suit decided an issue of non-joinder of parties vide order dated 26.10.1974 which order came to be assailed by the predecessors in interest of the private respondents herein through a revision petition titled as Mst. Farhat Majeed Vs. Ghulam Mohammad Khan, before this court and it is being further stated that the said revision petition along with connected files came to be transferred by this court to a forum/tribunal in terms of order dated 19.10.1978, constituted under an enactment of 1976 known as "Jammu and Kashmir Restitution of Mortgage Properties Act, 1976" ,as the said Act barred the jurisdiction of the civil courts in terms of Section 16 of the said Act, requiring the civil courts under Section 5 to transfer such suits or any other proceedings arising thereof to the tribunal created under the said Act of 1967 exercising jurisdiction in that area under the Act.