YASEEN TELI Vs. SAJAD AHMAD AND ORS.

JUDGEMENT

(1.) AGGRIEVED of rejection of application for amendment of the plaint, the petitioner has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India read with Sections 103 and 104 of the Constitution of Jammu and Kashmir seeking issuance of a writ of certiorari for quashing the order dated 16.11.2012 passed by the learned Sub -Judge, Shopian, in a suit titled Mohammad Yaseen v. Peer Gul Mohammad Sofi and another. The factual matrix of the case may briefly be adverted to. Petitioner filed a declaratory suit before the learned Sub -Judge, Shopian, against one Peer Gul Mohammad Sofi and Siraj -ul -Uloom Trust to declare the decree passed by learned Sub Judge, Shopian, in file No. 559 titled Siraj -ul -Uloom Trust v. Gul Mohammad Sofi decided on 05.12.1994, as null and void, and for permanent injunction against the defendants from interfering with the possession of petitioner -plaintiff over the land measuring 8 kanals 18 marlas falling under survey No. 24 and 7 kanals 2 marlas under Survey No. 39, situate at Village Gundi Mureed Hillow, Shopian.

(2.) THE aforesaid suit was filed on the averments that the petitioner -plaintiff was owner in possession of the suit land which had been converted into an orchard. However, at the back of the petitioner -plaintiff, the defendants had got the land mutated in the name of defendant No. 1 against which the petitioner preferred an appeal before the Additional Deputy Commissioner, Pulwama, who set aside the mutation in question. But that did not deter the defendants, who filed a collusive suit preferred by Siraj -ul -uloom Trust through Mohammad Yousuf Mantoo against Peer Gul Mohammad Soft which was decreed by the trial court on 05.12.1994. The petitioner in his suit assailed the decree dated 05.12.1994 as being violative of provisions of Agrarian Reforms Act.

(3.) IN terms of the amendment application, the petitioner sought to incorporate the relief of declaration to declare agreement dated 17.12.1980 as void and to seek possession of the suit land.