MOHD SAKHTAZ Vs. SONA DAR

JUDGEMENT

(1.) THIS is a second appeal against an order of the learned District Judge Srinagar whereby he has confirmed an order of the learned Sub -Judge Anantnag; decreeing the plaintiffs suit for injunction which he sought from the trial court to restrain the defendants from taking the fruit from some walnut trees standing in khsara no 418 and which the plaintiff claimed to belong to him. It is proved that khsara No. 418 is owned by Ama and Sona plaintiffs. The arguments advanced by the learned counsel for the defendant is that since they are the tenants holding land in their possession, therefore the trees standing on this land must be presumed to belong to them. I am sorry I find it difficult to - agree with defendants learned counsel. The tenants hold land in their possession for cultivating it. It does not mean that if any trees stand on it the fruit thereof should go to them. I therefore find no force in this second appeal which is rejected with costs.