SAMAD BATT Vs. SADIQ NAJAR AND ORS.

JUDGEMENT

(1.) THIS is a revenue first appeal against the order of the Collector dismissing the suit of the Plaintiff for ejectment of the tenants from 10 kanals and 1 marla of land comprised of Khasra Nos. 77 & 78 situate in Fajpura in Tehsil Badgam.

(2.) THE Plaintiff Samad Batt is the mortgagor and he had mortgaged this property with Mahda Najar in 1993 for a sum of Rs. 200/ -. The mortgagor took steps to get the mortgaged property restituted to him. After enquiry the order for restitution was made in favour of the mortgagor against Mahda Najar mortgagee. The mortgagor was put in possession of the property on 19th Baisakh 2008.

(3.) THE trial Court has taken into consideration that the Plaintiff is residing at some distance from the land and will not be able to cultivate it personally. The mere fact that the Plaintiff is residing at some distance from the land would not be sufficient circumstance to hold that he is not prepared to till the land personally. He may shift to the land during the time when it is to be cultivated and then return to his house, which is a few miles away, when his presence is no more required on the land.