AB RAHIM YATOO Vs. CUSTODIAN GENERAL

JUDGEMENT

(1.) LAND measuring 5 kanals and 11 marlas covered by Survey no.640 situated at Moza Saderbal, Hazratbal, Srinagar, is the proprietary land of one Imam Din(evacuee).Appellants claim to be in possession of 5 kanals and 11 marlas out of the total land and also claim to have been dispossessed by the Custodian Department on 15.11.1999. Consequently, 3 kanals and 10 marlas have been allotted to respondent no. 2 & 3 by the said department.

(2.) APPELLANTS herein have filed suit for declaration and Permanent injunction praying therein that they are absolute owners of land measuring 5 kanals and 5 marlas as their possession for continuous period of 12 years has ripened into ownership by prescription. Custodian department had no jurisdiction to evict them. Injunction to the effect that possession be handed over to them in alternative they be paid the compensation after its acquisition by the custodian department.

(3.) LEARNED Trial court by virtue of impugned judgment has rejected the plaint in terms of order 7 Rule 11 clause (d) of CPC. Aggrieved thereof instant appeal has been preferred.