CHAMAN LAL SHARMA Vs. CHANDU RAM

JUDGEMENT

(1.) This is a petition under Sec. 104 of the Constitution of Jammu and Kashmir, challenging the order passed by the learned Munsiff, Sunderbani, whereby the issue of jurisdiction has been decided against the petitioner-defendant in the Court below. The main argument of the learned counsel for the petitioner is that under the Evacuees Property Act, the jurisdiction of the Civil Court is barred under Sec. 31 read with Sec. 15 of the Act. Reliance is placed upon "Kanta Devi and another Vs Kaki Devi" reported in 2011(4) JKJ 16.

(2.) It appears that the petitioner-Chaman Lal Sharma and Dwarka Nath are brothers, who are entitled to 50 percent each of the evacuee land measuring approximately 95 kanals. It appears that the Custodian Evacuee Property by virtue of his order dtd. 12/11/1997 had directed the Tehsildar Sunderbani to demarcate half share of the allotted land in favour of Chaman Lal Sharma. It appears that the demarcation has not been affected and therefore, dispute persists.

(3.) Learned counsel for the petitioner, however, admits that the petitioner is entitled to one and a half share of the allotted land, which the petitioner was being deprived of by his brother Dwarka Nath and now so-called power of attorney holder Chandu Ram.