MOHD AFZAL KHAN Vs. GH QADIR BHAT

JUDGEMENT

(1.) THIS civil revision is directed against the order of the learned Sub Judge (C.J.M., Srinagar dated: 24 -4 -1985, allowing a civil appeal against the judgment and decree passed by the learned Second Additional Munsiff, Srinagar, and arises in the following circumstances of the case.

(2.) THE petitioner filed a suit for recovery of possession against the respondents in the learned trial court on 18 -2 -1980, on the ground, that he was dispossessed from the suit land by them in September, 1979. The said land was allotted to him by the Government and he was, allegedly, given its possession in 1966, and continued to be so till allegedly dispossessed in September, 1979. In their written statement the respondent claim to be in possession of the suit land even before 1965. According to them, it was a ditch and they spent a lot of money over it to make it usable, and they raised a house thereon in 1978, after getting a proper permission for it from the Srinagar Municipality.

(3.) AT the conclusion of the trial, the learned trial court decreed the suit of the petitioner. The respondents filed an appeal against the said judgment and decree before the learned Sub Judge (C. J. M.), Srinagar, which was allowed and hence this revision.