GH RASOOL HAJAM Vs. AB RAZAK

JUDGEMENT

(1.) THIS second appeal by the defendant is directed against the judgment and decree of the first appellate court, Additional District Judge, Srinagar affirming the decision of the trial court, viz. Judge Small Causes, in a suit for possession.

(2.) THE plaintiffs -respondents filed suit for recovery of possession of land measuring three kanals and fifteen marlas of survey nos. 918/478/270 -min situate at Nishat, Srinagar. The case of the plaintiffs, briefly, is that their predecessor -in -interest, namely, Muhammad Sultan Gujri purchased ten kanals and five marlas of land comprising in survey nos. 918/478/270 -min under sale deeds dated 24th October, 1970, 14th December, 1970 and 30th April, 1971. He had already taken possession of the land pursuant to agreement of sale dated 23rd July, 1969. Part of the land measuring three kanals and fifteen marlas was encroached upon by the defendant and was in his illegal possession. The plaintiffs in the circumstances filed suit seeking decree of possession and eviction of the defendant from the suit land.

(3.) THE defendant denied the case of the plaintiffs that he had made encroachment on any part of the plaintiffâ„¢s land. He stated that he had purchased five kanals and ten marlas land of survey no. 478/270 - min in Khewat no. 71 at Nishat under sale deed dated 10th March, 1969. The court of Judge Small Causes had recorded finding with respect to his possession in a suit instituted by him.