HARBANS LAL Vs. DAWARKA NATH

JUDGEMENT

(1.) Respondents-plaintiffs instituted a civil original suit against the present petitioners-defendants in the court of learned Munsiff, Kathua. Respondents- plaintiffs prayed for issuance of decree of declaration declaring them to be owners in possession of land covered by Khasra No. 931/754 measuring 7 kanal 9 marlas and Khasra No. 930/755 measuring 14 kanal 11 marla. They also prayed for issuance of decree of declaration, declaring sale deeds executed by defendant No. 1 through attorney to be illegal and not binding on the respondents-plaintiffs. It was also prayed that respondents-plaintiffs be declared to be owners in possession of the land on the doctrine of adverse possession.

(2.) Petitioners filed written statements in which one of the grounds raised was that the respondents-plaintiffs claim adverse possession with regard to suit land which is agriculture land and in view of the provisions of Section 19(e) of Agrarian Reforms Act, 1976, the suit is not maintainable, same being barred under Section 25 thereof. Learned trial court framed eight issues and issues 4 to 7 were treated as preliminary issues. Learned trial court, while placing reliance on the Full Bench Judgement of this Court, reported in 1980 KLJ (1), held that the question of adverse possession, injunction and the question as to whether suit land is a land as defined under the J&K Agrarian Reforms Act, 1976 (for short the Act of 1976) are the questions to be decided by the authority under the Act of 1976, however, retained the suit on its files for final disposal.

(3.) Petitioners-defendants are aggrieved of the order of the learned trial Judge to the extent of retaining the suit on its files for final disposal.