HAJI BASHIR AHMAD WANT Vs. SHOWKAT HUSSAIN DAR

JUDGEMENT

(1.) By medium of this Civil Revision Petition, order dtd. 12/9/2017 passed by the Court of Sub Judge (Chief Judicial Magistrate) Anantnag, is assailed. By virtue of order impugned, application filed by the petitioners under Order 7, Rule 11 CPC for rejection of the plaint has been dismissed.

(2.) Noticing of precise factual background shall be advantageous for disposal of this petition:

(3.) Learned counsel for the petitioners highlighted that the learned trial court has erred in drawing conclusions which are totally illegally because the bar created by Sec. 8 of the Act of 1997 is absolute, clear and there is no scope for any deviation whereas on the other hand learned counsel for the respondents submitted that the actual owners (Pandits), now migrants) have played a havoc, they have migrated in the year 1990, have executed so many Power of Attorneys and agreement to sell, received the consideration amounts, therefore, migrant status of the property no more existed, the said ex-owners are not now party before the Court, therefore, Sec. 8 would not apply, as has been rightly decided by the learned trial court.