BHUPINDER SINGH Vs. GAJANDHAR SINGH

JUDGEMENT

(1.) REVISIONISTS are aggrieved of the order passed by Learned Addl. District Judge, Baramulla, upholding the order of Sub Judge, Pattan dated 18.08.2006, whereunder application for grant of temporary injunction as well as application for appointment of receiver have been rejected. Sardar Gopal Singh, deceased has left behind the estate i.e. orchard covered by Khewat No. 95 including one half share of the Banglow situated at Hartrath, Singhpora Pattan, Kashsmir. Mutation of succession bearing no. 31 has been attested on 11.05.1972 in favour of his four sons namely Gajandhar Singh, Bupinder Singh, Tapeshuer Singh and Tajinder Singh in four equal shares whereas widow and two daughters had not chosen to take any share.

(2.) REVISIONISTS contend that till 1995 - 96 fruits of the orchard were collected and sold by them but in the year 1996 they were threatened by the J&K Al -Ikhwan -ul -Muslemoon, a militant group, so were forced to leave the house and orchard, on return in the year 2006 came to know that respondent no. 1 has manipulated some fraudulent decree so as to deny their rights vis -a -vis property/orchard (one half portion in the residential house and orchards surrounding it measuring 58 kanals and 04 marlas) when they are the true owners of the same, so have finally sought the following reliefs:

(3.) RESPONDENT (defendant No. 1) in his pleading has taken the stand i.e., it is he who has been in possession of the orchard as well as the residential house from 1971 as the revisionists (plaintiffs) had settled at Mumbai and Delhi prior to 1970 and are carrying on business activities there. They have purchased their own residential house at the said places.