AHMAD GHASI Vs. MOHD GANAI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16 -5 -1 -975 of the Munsiff Pulwama staying proceedings in the Civil Suit Ahmad Ghasi and another Vs. Mohd Ganai pending in his court. The stay has been ordered on the ground of the operation of the Agrarian Reforms Act which, according to the Munsiff, bars the trial of the Civil Suit before him.

(2.) I have heard the learned counsel for the parties.

(3.) IN order to appreciate the point at issue it is pertinent to refer to the pleadings of the parties. The plaintiffs have averred that they purchased the suit land and got its possession on the basis of sale deed dated 8th February 1967. The plaintiffs remained in peaceful possession thereof when in the year 1972 they were forcibly dispossessed by the defendant. The suit of the plaintiffs is based both on title and on possessory right. The suit has been resisted by the defendant on the ground that he never sold the land in dispute to the plaintiffs. The defendant has ever since been in possession of the land. The defendant in fact sold a different piece of land to the plaintiff. On these pleadings the trial court raised appropriate issues in the case.