ZAMINDARS BRENTI BATAPORA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS letters patent appeal is directed against an order of a learned Single Judge of this court, vacating his earlier order staying the operation of an order passed by District Judge Anantnag on 22.12.1980, directing maintenance of status quo regarding the suit property in a suit for declaration and consequential relief of injunction brought by the appellants against the respondent in his court.

(2.) THE appellants, alleging that they are the owners of the suit land and also in its possession, filed a suit for declaration against the respondents, the State of Jammu and Kashmir and others, that the latter had no right to raise a building on the suit land, which had been transferred in favour of the State by the other respondents without any title. When the suit came to be filed in the trial court, an application was also moved for restraining the defendants including the State of Jammu and Kashmir, from raising any construction on the suit land till its final disposal. The learned District Judge before whom the suit was filed, passed an order on 22.12.80 directing the parties to maintain status quo. Aggrieved by this order, the vendors alone, who were parties to the suit, challenged the same in appeal in the High Court. The learned Single Judge on admission of the appeal, on an application made by the respondents, passed an order staying the implementation of the aforesaid order. Later on, it appears, the appellants moved an application before him that the order may be vacated, as the respondents were proceeding fast with the construction of a School building on the suit land. This application came to be heard by the learned Single Judge on 12.5,1981. He, accordingly, modified his aforesaid order by saying: -

(3.) WHEN this appeal came up before a Division Bench for its admission, the appellants also moved an application for staying the operation of the impugned order passed by the learned Single Judge. The Division Bench deemed it necessary to appoint a Commissioner who would go on spot and make a report as to the present condition of the suit land, and whether or not there was any construction made on it, and if so, what was its stage. Sub Judge Anantnag was appointed as the Commissioner. He went on spot in presence of the parties and their counsel, who identified the suit land which was inspected by him keeping in view the directions given by the Division Bench. His report dated 21st of May, 1981 is on the file. From this report it transpires that the construction had already commenced. The plinth was complete and there were also two sheds constructed on the suit land. Even walls to some height had been raised and a wooden frame of a door stood also fixed.