NAZIR AHMED Vs. MAQBOOL AHMED

JUDGEMENT

(1.) Through the medium of instant revision petition, the petitioner has called in question order dtd. 5/9/2016 passed by the learned Sub-Judge, Bhaderwah whereby the petitioner/judgment debtor has been directed to hand over the possession of encroached land to the respondent/decree holder.

(2.) It appears that the respondent/decree holder had filed a suit for declaration with permanent prohibitory injunction with respect to land measuring 01 kanal, 06 marlas falling in khasra No. 1294 min situated at Nagar Bhaderwah against the petitioner/judgment debtor and one Sh. Mehboob Ahmed. In the plaint, it was averred by the respondent/decree holder that he is owner in possession of the suit land and that the petitioner/judgment debtor has no right or title over the land in question. It was further pleaded that the petitioner/judgment debtor, under the garb of a false revenue entry, is trying to encroach upon the suit land.

(3.) The petitioner/judgement debtor along with co-defendant Mehboob Ahmed filed a joint written statement in which they admitted that the respondent/decree holder is owner in possession of the suit land. It was submitted that the co-defendant is in possession of land measuring 04 marlas of State land falling in khasra No. 1294 and that the respondent/decree holder, without any right or authority, is bent upon to interfere in the peaceful possession of co-defendant over the said land. The petitioner/judgment debtor and co-defendant denied that they are encroaching upon the suit land and claimed that they are in possession of 04 marlas of land falling in khasra No. 1294. It was further claimed that the land in possession of the petitioner/judgment debtor and co-defendant and the land in possession of the respondent/decree holder is duly demarcated and fenced and that the co-defendant has planted trees over there for the last more than 20 years. Along with their written statement, the petitioner/judgment debtor along with co-defendant raised a counter claim seeking an injunction against the respondent/decree holder herein restraining him from interfering in their possession over land measuring 04 marlas falling in khasra No. 1294.