LACHHMAN Vs. AZIZ GANAI

JUDGEMENT

(1.) THIS is a plaintiffs appeal and has arisen out of an ejectment suit brought against the tenant which was dismissed by the Collector Anantnag on 17th Phagon 2008. The plaintiffs are; the owners of a plot of land measuring 7 Kanals and 13 marlas in Khewat No. 67, Khasra no. 293 -min and situate in village Hablish, Tehsil Kulgam. They wanted possession of this land to cultivate. it personally. Hence the present suit. The allegation in the plaint further is that the land in their cultivating possession does not exceed 25 Kanals, that is to say a trifle more than 8 Kanals per head, which is much less than 17 Kanals which each one of them is entitled to cultivate personally according to law.

(2.) THE defendant has resisted the suit on the ground that the plaintiffs are not cultivators by profession nor do they know the art of agriculture and that he (the defendant) has got the right of protected tenancy in the said land.

(3.) THE following issues have been raised in the case: