LAWS(J&K)-1961-4-4

GWASHA LAL Vs. KARTAR SINGH

Decided On April 29, 1961
GWASHA LAL Appellant
V/S
KARTAR SINGH Respondents

JUDGEMENT

(1.) THIS is a plaintiffs suit for recovery of an amount of Rs. 40,000/ - as damages for a breach of the terms of a sale made by the defendant in favour of the original plaintiff Mst Tek Batni.

(2.) THE suit arises out of the following facts: -

(3.) THE suit was resisted by the defendant on the ground that the plaintiff was fully aware of the precarious interest which was being sold to her namely the conditions laid down in Rules 25 and 35 of "Rules for grant of land in Jammu and Kashmir province for building purposes  It was further contended that the plaintiff took possession of the land in question and it was due to her own default that sanction for the sale could not be granted. The defendant further denied the allegations of fraud and wilful concealment. The defendant further contended that the State had no right to resume the land and, therefore, the order of resumption was without jurisdiction and could not affect the rights of the plaintiff.