ALI NAQI Vs. NOOR ASHRAF

JUDGEMENT

(1.) THIS is a first appeal against the decree of learned District Judge Srinagar dated 20 -12 -65 whereby he has dismissed the suit of the plaintiff, applicants. The plaintiffs brought the suit for possession of 56 kanals and 15 marlas of land in khewat Nos 77/46 min and 66 min situate in Bhagat Barzala Badgam with the allegation that; the land belonged to them and was in their possession. Raja Mohd. Afzal Khan, who was the Governor of Kashmir in samvat year 1991, wanted to garb the suit property. The plaintiffs had just attained their age of majority and did not know how to safeguard their interests. Under undue pressure and with improper use of his official position Raja Afzal Khan who was defendant 2 in the case exercised fraud and undue influence over the plaintiffs and got this land transferred in favour of defendant 1 who was his brothers wife in exchange of 55 ks and 15 ms. of land situate in village Rabitar Tehsil Khas. The mutations of exchange were got attested .As the transactions were fraudulent and the mutations merely paper transactions, the plaintiffs were still the owners of the land The socalled exchanges were not regular or according to law and therefore the whole transaction of the socalled exchanges was void.

(2.) THE suit had a chequered career. It was first brought in the court of the City Judge Srinagar. It was returned by him because the valuation was Rs. 1,13200/ -. The plaint was then presented to the High Court which ultimately transferred it to the District Judge Srinagar who decided the case as indicated above.

(3.) THE suit was in forma pauperis.