FAROOQ AHMED TRAMBOO Vs. LAL DIN

JUDGEMENT

(1.) Through the instant petition, petitioner seeks setting aside/quashment of the impugned order dated 17th May, 2016 passed by the City Judge, Jammu and the order dated 23rd December, 2016 passed by the Additional District, Judge, Jammu, whereby the Civil First Miscellaneous Appeal filed by the petitioner has been dismissed.

(2.) The facts, as these emerge from the study of the file under consideration are that respondent, namely, Lal Din filed a Civil Suit (Annexure-A) against the petitioner in the Court of City Judge, Jammu, alleging therein that he had purchased a plot of land measuring 22 ' Marlas under Khasra No. 2251 at Nowabad Bathindi, Jammu for a sale consideration of Rs. 4.70 Lacs. The said plot was purchased by him from Abdul Aziz Rather S/o Abdul Gaffar Rather R/o Village Bijbehara, District Anantnag, Kashmir and the respondent was given possession of the said plot by the vendor, who was also in possession of the said plot. It has been averred in the Suit that the Sale Deed could not be executed, as the land being State Land. It has also been averred that the respondent had also stated that after purchasing the said plot from Abdul Aziz Rather, he has constructed a boundary wall by brick masonry. In the Suit, the respondent has been stated that he is the employee of judiciary and is posted in Sunderbani and in his absence, some land grabbers with the support of police officials are bent upon to dispossess him from the said plot. On the aforesaid allegations, the Hon'ble Court issued an interim order (Annexure-B) dated 25th June, 2013, by virtue of which the petitioner herein was temporarily restrained from interfering into the peaceful possession of the suit plot.

(3.) It is further averred that the petitioner was summoned and thereafter, he filed a written statement, which is annexed as Annexure-C to the writ petition, in which it was contended by the petitioner that he has purchased the land measuring 17 ' Marlas being Plot No.16/50 falling under Khasra Nos. 2252/2 and 2251/1202 from one-Harbans Singh by virtue of an agreement to sell duly executed on 16th March, 1993 and since then, he is enjoying the possession of the said plot and has constructed one room in the shape of shed in the said plot and the respondent herein has no right to interfere into the possession of the petitioner over the said plot. The respondent without any right or reason or legal justification with the help of some land grabbers is trying to dispossess the petitioner from the Suit land and taking undue advantage of his posting as a Judicial Clerk. The plot of the petitioner coincides with the plot on spot and there was no plot of 22 ' Marlas. Colony has been laid prior to 1990 and provided roads and lanes. The respondent had further contended in his written statement that earlier one-Khurshid Ali had also raised claim over the said land and had filed a Suit against the petitioner, which was later on withdrawn by him, as he failed to dispossess the petitioner from the Suit land.