CHAIL SINGH Vs. PARSHOTAM SINGH

JUDGEMENT

(1.) THIS Civil Second Appeal is directed against the order of remand passed by learned District Judge, Jammu, in a civil appeal on June 6 -1983, setting aside the judgment and decree passed by the learned City Judge, Jammu, dated February 28,1985.

(2.) BRIEFLY stated, the facts out of which the present appeal arises are that the respondents filed suit for declaration that the land comprising survey Nos. 2426 & 2410 measuring 67 kanals and 19 marlas situated in village Raipur Domana is a joint property where in the respondents had 2/5th of the share whereas the present appellants had only 3/5th of the share as co -owners. The grievance stated in their favour for seeking the declaration of their right when the land in question was requisitioned by the Army Authorities under the Requisition and Acquisition of Immoveable Property Act 1968 (for short hereinafter called the Act) and the appellants herein were given rental compensation for which the respondent have been completely ignored giving rise to the present suit. It is alleged by the respondents in their plaint that the parties having joint khewat No. 1071/ 1026, 1972/1097 and they are co -sharers in the land referred to herein above and thus entitled to get the declaration about their shares and further made a prayer for injunction against the present appellants not to recover the rental compensation till the decision on the suit,

(3.) THE suit was contested by the present appellants raising therein several pleas including the plea of bar of jurisdiction of the civil courts to entertain such a suit for declaration on the ground that Section 19 of the J&K Agrarian Reforms Act bars such suits. From the pleadings of the parties, the learned trial court framed four issues the reproduction of which I do not find necessary for the disposal of the present second appeal. As the short question on which I am called upon to decide pertains to the bar of jurisdiction of the Civil court with reference to Section 18 of the Act which is one of the substantial question of law on which the second appeal was admitted.