AB AHAD DAR Vs. RASOOL DAR

JUDGEMENT

(1.) CHALLENGE in this Civil Second Appeal is to the judgment and decree dated 9th October, 2004 delivered by District Judge, Budgam, in Civil First Appeal titled Ahad Dar Vs. Rasool Dar and others, and also to the order dated 3rd September, 2005 passed in review petition.

(2.) PLAINTIFFS -Karim Dar and Rasool Dar sons of Gaffar Dar filed a civil suit for declaration and permanent injunction in respect of suit property comprising of land measuring 14 kanals 13 marlas situated at Humhama Tehsil and District Budgam on the grounds Gaffar Dar died leaving behind three sons i.e. plaintiffs and one Mohammad Dar. Mohammad Dar had died issueless and his share was inherited by Mst. Jani his widow who too died and that share reverted to the plaintiffs. Plaintiffs are thus only heirs/successors of Gaffar Dar. The defendants -appellant and respondents 7 to 17 herein have no right, title or claim over the suit property but are without any rhyme or reason interfering into their possession.

(3.) DEFENDANT resisted the suit on the following grounds;