BILAL AHMED Vs. BASHIR AHMED BHAT

JUDGEMENT

(1.) THE dispute giving rise to this Civil Second Appeal pertains to one Marla of land comprised in Khasra No. 113 -min, situated at Village Thana Mandi, Rajouri, and a shop constructed thereon.

(2.) ACCORDING to the appellants, they were in permissive possession of the suit land, which was part of one kanal five marlas of land, handed over to them by the respondent -vendors father Vishwanath, pursuant to an Agreement to sell executed in this behalf, after receiving full consideration therefor, and the respondents Suit for possession of the Suit land, on the basis of the Sale Deed executed by Vishwanaths Son, Sohan Lal, in his favour, was thus not maintainable, in that, being out of possession, Sohan Lal had no right to convey the Suit land, to the respondent by sale.

(3.) TO decide the Suit between the parties, the trial Court had put them to issues, which read thus: - 1. Whether the plaintiff is the owner of the Suit shop and the land underneath it? OPP 2. Whether the defendant has occupied the Suit shop forcibly by installing shutter and taking the possession thereof? OPP 3. Whether the Suit in present form is not maintainable? OPD