SHIV DEI Vs. GIRDHARI LAL

JUDGEMENT

(1.) THE parties are litigating for the last more than three decades over a land situated at village Matta Kishtwar. The dispute in the present case relates to the land comprised in survey No.1756 measuring 10 marlas situated in village Matta, Kishtwar, which the appellants claim to have purchased in exchange with one Naib Chand. The appellants -plaintiffs alleged that in pursuance of the Exchange Deed, the possession of the land was handed over to them, but they were dispossessed by the defendants -respondents from the said piece of land somewhere in the year 1973. Resultantly, the effect of this was that a civil suit came to be filed before the learned Sub Judge, Kishtwar.

(2.) THE claim of the appellants is that by virtue of an Exchange Deed they acquired the ownership of ten marlas of land comprised in survey No. 1756 situated in village Matta, Kishtwar. Initially the suit was for permanent prohibitory injunction, but in view of the intervening circumstances, it was amended and claim for possession was made. The trial court after framing issues, allowed the suit of the plaintiffs -appellants. The finding of the trial court was based upon the Exchange Deed, executed by Naib Chand with the appellants -plaintiffs for ten marlas of land. The appellants -plaintiffs had acquired the ownership right over the said property. With respect to issue no.2 the trial court has held that the appellants -plaintiffs were in possession of the property immediately after the Exchange Deed was executed but they were dispossessed by the respondents -defendants. The trial court held that the appellants be put in possession of the property and consequently decreed the suit for recovery of possession of the said land.

(3.) THE respondents -defendants being aggrieved of the order dated 27.02.2003 of learned Sub Judge, Kishtwar preferred an appeal before the learned Additional District Judge, Kishtwar, who vide order dated 12.05.2005 set aside the findings of the trial court on the following grounds: -