STATE OF J&K Vs. ISHER DASS CHARAK

JUDGEMENT

(1.) THIS civil second appeal is directed against the judgment and decree of the Additional District Judge, Jammu, dated 1 -10 -1971 who affirmed the decree for possession of land passed by the Sub Judge (C. J. M.), Jammu.

(2.) THE brief facts of this case are that the plaintiff -respon ­dent filed a suit against the appellant, the State of Jammu and Kashmir, with the allegations that the suit land was held by the plaintiff as a tenant under the original proprietors Santoo and "Hari Singh, as such he had

(3.) ACQUIRED the status of a protected tenant by virtue of the Jammu and Kashmir Tenancy (Amend ­ment) Act, 2005 Samvat. The Revenue Officers namely the Tehsildar and the Deputy Commissioner forcibly dispossessed him with the help of the Police proclaiming that the Revenue Department had duly purchased the suit -land by virtue of a registered sale -deed. Although the plaintiff -respondent filed a number of representations before the Revenue authorities but all having failed he ultimately served a notice under Section 80 C.P.C. on the State and filed the present suit for possession of land measuring 9 kanals and 3 marlas comprising of khasra No. 134 (8 kanals and 19 marlas agricultural land and Ghair Mumkin Khola measuring 4 marlas).