SYED JALAL-UD-DIN Vs. SIDIQ DAR

JUDGEMENT

(1.) THIS revision is directed against the order of District Judge Budgam dated 7 -12 -1982.

(2.) IT appears that a suit was transferred by Munsiff Chadoora to Collector as the said Munsiff was of the opinion that all suits in which land defined under the Agrarian Reforms Act was involved were required to be transferred to the Collector Land Agrarian Reforms. However, he did not mention that he has no jurisdiction to try the suit. The suit was for Right of prior purchase in respect of a building and land appurtenant and underneath thereto. During the pendency of the suit by an amendment suit was amended and relief for possession was prayed. When the file had reached the Collector, he stated that he has no jurisdiction to decide the case of Right of prior purchase, therefore he sent the case back to the Munsiff Chadoora. When the case came back to the Munsiffs court, the Munsiff dismissed the suit as being barred by principles of resjudicata by his order dated 8 -9 -1982.

(3.) AGAINST the order of Munsiff appeal was filed before the District Judge Budgam. The District Judge Budgam allowed the appeal and overset the judgment and decree of the trial court. He remanded the case back to the trial court with a direction to try the suit on all issues. The defdt. has filled his revision against the findings of the District Judge.