KOTWAL MANOHAR LAL Vs. RAMZAN AND MANOHAR LAL

JUDGEMENT

(1.) THIS application under section 104 of the Constitution of Jammu and Kashmir is directed against the judgment of the learned Sessions Judge, Bhadarwah, dated 28 -4 -1971.

(2.) THE facts which ultimately led to the filing of this petition are as follows: -

(3.) IT appears that a piece of land measuring 2 kanals and 4 marlas lying under survey No. 3889/ - 3057 situated in village Nagar Bhadarwah was the subject matter of a dispute between the parties. The dispute arose sometime in the year 1965 for the first time when it was alleged that the respondents committed trespass over the land when the same was in possession of the petitioner. Subsequently on 9 -5 -1965 the respondents are alleged to have committed another trespass which led to the institution of a complaint before the court of A.D.M. Bhadarwah, on 10 -5 -1965 under Section 447 R. P. C. As according to the provisions of the Jammu and Kashmir Village Panchayat Act such a case could be entertained and tried by a Panchayati Adalat the same was transferred to Panchayati Adalat Malhaini for trial and disposal according to law. After sometime, however, on some grounds made out by the petitioner the case was transferred by the A. D. M, Bhadarwah, to Panchayati Adalat, Dheraja and the parties were directed to appear before the Panchayati Adalat, Dheraja on 10 -8 -1970.