ADMINISTRATOR, AUQAF JAMMU Vs. DEVINDER KUMAR GUPTA

JUDGEMENT

(1.) This revision is directed against the order dated 25.07.2005 passed by the Court of 3rd Civil Subordinate Judge (Excise Magistrate) Jammu in terms whereof a preliminary issue has been decided in favour of the respondent (Plaintiff). The preliminary issue was to the following effect: - -

(2.) Basically a strip of land measuring 69 feets on North, 78 feets South, 33 feets East, 36 feets West situated at Maqbera Begum, Christian Colony, Jammu was allotted to one Raj Pal S/o. Manga Ram for a period of eleven months.

(3.) It is stated that Raj Pal along with the respondent -plaintiff started joint business of building material and Furniture etc. under the name and style of M/S. Kundan Lal Raj Pal. After some time Raj Pal (allottee) voluntarily retired from the said business and thereafter the premises remained in the possession of respondent -plaintiff who has been depositing monthly rent of Rs. 100/ - on behalf of the Raj Pal.