PARMANAND Vs. GEETA DEVI

JUDGEMENT

(1.) THE appellant -Parmanand filed a Suit for possession of land measuring 4 marlas with a room measuring 12' x 15' constructed thereon, comprised in Khasra No.1184 situated at Daily Excelsior Road, Old Janipur, Jammu against the respondent -Geeta Devi saying that he had purchased occupancy rights in land measuring 18 marlas comprised in Khasra No.1184 from Majid Ahmad son of Ghulam Hussan paying him Rs.81,000/ - therefor. An Agreement dated 10.4.1998 was executed between him and Majid Ahmed which was attested by a Notary. He sold 14 marlas therefrom to one Narinder Kumar and rest of the land comprising four marlas over which a room measuring 12' x 15' stood constructed, was agreed to be sold to the respondent for Rs.25,000/ -. An Agreement to this effect was executed between his brother and the respondent on 08.12.2004.

(2.) IN terms of the Agreement a sum of Rs.10,000/ - was paid to his brother - Kasturi Lal and rest of the amount was to be paid to him within a period of three months by the respondent. According to the appellant, Rs.15,000/ - having not been paid to him by the respondent, the already paid amount stood forfeited. The respondent is stated to have later dispossessed the appellant taking forcible possession of the land. Taking note of the pleadings of the parties, the trial Court of Subordinate Judge, Jammu framed three preliminary issues, which read thus: -

(3.) THE appellant has filed this Civil Second Appeal questioning the dismissal of his Suit. Though, conceding that the land in dispute was State land, the appellants learned counsel would submit that the two Courts had erred in dismissing the appellants Suit ignoring that the appellant could maintain the Suit on the basis of his possessory title which, in law, was good title except against the real owner.