VIJAY KUMAR Vs. NEERAJ KUMAR

JUDGEMENT

(1.) Alleging forcible dispossession from northern Western Veranda measuring 8' X 8', of shop No. 1-A Nehru Market, Jammu, on 27-9-1986, the respondents herein filed a petition under S.145, Cr. P.C. in the trial court on 4-10-1986 praying restoration of the aforesaid premises. The trial court framed the preliminary order on 25-10-1986 and proceeded with the case. In his objections, the petitioner herein denied the allegations of the respondents-claimants and submitted that they were in possession of the Veranda, the subject-matter of the dispute. It was further submitted that the respondents did not have any legal right to claim the possession of the property belonging to the Estates Department. The existence of the dispute between the parties was also denied and it was prayed that the petition be dismissed.

(2.) Respondents-claimants filed the affidavits of Shri Keval Krishen, Romesh Kumar, Bodh Raj and Seri Krishen besides the affidavit of Neeraj Kumar applicant. The petitioner herein produced the affidavits of Surrinder Kumar, Dev Rattan, Krishen Lal and Ranju Ram. A number of photo-stat copies of the documents in the form of letters and communications between them and the Estate Department. Recordkeeper/clerk of the office of the Dy. Director, Estate Division, Nehru Market, Jammu was also summoned for production of the record with respect to the property in dispute in pursuance of which Bishamber Dass clerk appeared in the court and produced the relevant file.

(3.) After hearing the learned counsel for the parties, perusing the affidavits and the relevant record, the trial court came to the conclusion that Neeraj Kumar respondent-claimant had been illegally and wrongfully dispossessed from the premises within two months from the date of drawing of the preliminary order and that he was to be deemed to be in possession of the premises. It was further directed that the possession of the premises be resorted to the claimant and his possession be not disturbed. The revision petition filed by the petitioner herein was dismissed by the learned Addl. Sessions Judge, Jammu vide the order impugned herein.