PRITHVI RAJ Vs. RAM DITTA

JUDGEMENT

(1.) THIS petition was filed calling in question order dated 17.12.2007, passed by Addl. District Judge, Jammu, in Civil Misc. appeal titled Ram Ditta v. Prithvi Raj and anr. In order to appreciate the controversy the facts are briefly summarized as under:

(2.) THE petitioner instituted Civil Original Suit against the respondents praying therein that a decree for permanent injunction be passed in favour of the petitioner against the respondents restraining them for causing interference into the peaceful cultivating possession of land measuring 2 kanals 11 marlas covered by survey No.943 min and 3 kanals 3 marlas covered by survey No.944 situated at Village Paloura Tehsil Jammu. The suit after presentation in the court of District Judge Jammu, was transferred to the court of First Appellate Addl. District Judge Jammu. The respondents were put to notice. They filed their written statement. The respondent No.1 in his written statement has stated that he is in possession of land measuring 1 kanal 1 marla covered by survey No.944 situated at village Paloura Tehsil and District Jammu. Further it is stated that this land has been mutated in his favour under section 8 of Agrarian Reforms Act of 1976. In the written statement the respondent No.1 has nowhere raised objection thereby questioning the jurisdiction of the court to try and hear the suit because it is the authorities under the Agrarian Reforms Act to deal with such type of cases. Respondent No.1 has stated that the suit is not maintainable because the petitioner is not in possession of land in question.

(3.) THE learned trial Judge after hearing the parties passed an order dated 19th August 2002, whereby and where under the order dated 4th April 2001 directing the parties to maintain status quo on spot in respect of the suit land was made absolute till disposal of the main suit. The learned trial judge has considered the prima -facie case, balance of convenience and irreparable injury involved in the case and after referring to revenue records passed the order. The said order came to be challenged in Civil First Misc. Appeal which appeal was heard and decided by Addl. District Judge Jammu vide order dated 17.12.2007. The first appellate District Judge set aside the order of trial court and directed the learned trial court to take note of the law laid down in case titled Zulfkar Ali Shah v. Alam Shah, reported in 2006 (1) JKJ 582.