SUMEET PURI Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The factual background giving rise to the two appeals is common and, therefore, with the consent of Mr. M.K.Bhardwaj, learned senior counsel for the appellants in LPAOW No.6/2018 and Mr. Abhinav Sharma, learned counsel for the appellant in LPA No.101/2018, these appeals are taken up together for hearing and consideration.

(2.) It appears that Sh. Sumeet Puri (appellant in LPA No.101/2018) was the owner of a large chunk of land in village Najwal behind M.B.International School which adjoins Radha Swami Satsang Complex, Samba. Pursuant to the agreement between Sh. Sumeet Puri and Sh. Subash Singh, Sarla Jamwal, Satish Singh and Abhimanyu Singh (appellants in LPAOW No.6/2018), some of the land owned by Sh. Sumeet Puri was sold to them. The instant appeals are concerned with portions of land which fall in Khasra No. 32 and Khasra No. 306/143. We, therefore, confine our consideration to these lands. For clarity and expediency, we extract hereunder the details of the land which were sold by registered sale deeds to the appellants in LPAOW No.6/2018, which reads as under:-

(3.) We note that there is no dispute on behalf of Sh. Sumeet Puri to the execution of the above sale deeds or that of the possession of the land which was sold under the sale deeds, was physically handed over to the vendees. It appears that thereafter certain disputes arose between the parties with Sumeet Puri setting up a claim to the effect that the vendees have exceeded the boundaries of the land which had been sold to them and had actually encroached upon additional land which continued to be owned and belongs to him.