KH. SAIFUDDIN Vs. STATE OF J&K

JUDGEMENT

(1.) THIS reference arises out of a suit brought on the original side of this court by the respondent for recovery of Rs. 29014/- alleged to have been wrongfully obtained by the appellant herein.

(2.) THE case of the respondent is that the appellants had no proprietary interest in 58 kanals of land comprised in survey Nos. 935 min, 493 min and 1144 min situate in Zahinpura Tehsil Uri, that during the proceedings taken for acquisition of 654 kanals and 14 marlas of land required for the Lower Jhelum Hydel project the appellants falsely represented on the basis of fictitious and fraudulent entries which they got effected in the revenue record in collusion with the concerned Patwari that the aforesaid area of 58 kanals belonged to them, that acting on that representation the Collector, Land Acquisition Officer (Flood and Irrigation) inadvertently awarded Rs. 20010/- to the appellants jointly and Rs. 9004.50 to appellant No. 1 individually, that during the course of the inquiry launched on the basis of a complaint in respect of the aforesaid compensation it was revealed that the aforesaid area of 58 kanals was Shamilat and did not belong to the defendants and that acting in collusion with the concerned patwari the appellants manoeuvred to obtain the aforesaid compensation which was not at all due to them.

(3.) MIAN Jalal-ud-Din J. to whom the suit was assigned for trial and disposal struck four preliminary issues vide his order dated Sept. 17, 1972, but it is only the following preliminary issue with which we are concerned:-