LAWS(J&K)-2016-9-8

SOM DUTT Vs. SANSAR CHAND

Decided On September 22, 2016
SOM DUTT Appellant
V/S
SANSAR CHAND Respondents

JUDGEMENT

(1.) This Revision Petition by defendant is directed against order dated 17.10.2015 of the learned City Judge, Jammu, whereby preliminary issue No. 1 framed in the suit has been decided against the defendant and decision in preliminary issue No. 2 has been deferred holding that it involves mixed question of law and fact.

(2.) Heard learned counsel for the parties.

(3.) Respondent (plaintiff) has filed suit seeking declaration that sale deed dated 05.02.1994. executed by one Puran Chand in regard to land measuring 02 kanal comprised in Khasra No. 631/609 in favour of the petitioner (defendant) is illegal and null and void and consequential relier of permanent prohibitory injunction restraining petitioner from interfering with respondent's possession of 01 kanal of the land covered under the said sale deed.