SWARAN SINGH Vs. SUB-REGISTRAR JAMMU AND OTHERS
LAWS(J&K)-2020-7-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 16,2020

SWARAN SINGH Appellant
VERSUS
Sub-Registrar Jammu And Others Respondents




JUDGEMENT

Sindhu Sharma, J. - (1.)This Appeal filed by the plaintiff is against the judgment and decree dated 05.10.2012 passed by the Principal and District Judge, Jammu dismissing the First Appeal filed by the plaintiff against the dismissal of his suit by the Court of 3rd Sub-ordinate Judge, Jammu on 07.10.2009. For the facility of reference, parties hereinafter to be referred to as 'plaintiff and defendants'. The plaintiff first filed suit for permanent prohibitory injunction restraining the defendant-Tilak Raj and his attorney Suresh Kumar or their agents from transferring, alienating, trespassing upon or interfering in his possession of the land measuring 23 Kanals 18 Marlas comprising Khasra No. 324 and also 19 Marlas comprising Khasra No. 325 situated at Village Seora, Tehsil and District Jammu, commanding the respondents to execute the Sale Deed of the aforementioned land in favour of the plaintiff.
(2.)The suit appears to have been filed on 14.09.2009 when the Sub-Judge, Jammu took up the application for grant of interim relief and passed the order, the operative portion of which is reproduced below:-
"............issue notice to the non-applicants for filing objections and in the meanwhile the non-applicants shall temporarily restrained from selling or alienate as well as dispossessing the applicant from the suit property till next date. This order is however, subject to objections from the other side and shall be effective from the moment it is served upon non-applicants. Applicant/Plaintiff shall furnish copies of this order, application, along with the copies of plaint and documents etc. to the non-applicants/defendants either personally or through registered post. Put up on 22nd September 2009."

(3.)It appears that Sale deed executed by defendant Tilak Raj in favour of one Gurdeep Singh for land measuring 04 Kanals out of the suit land comprising Khasra No. 324 Min was presented for registration by the vendor on 14.09.2009. As soon as the document was taken up for registration, Mr. K. S. Johal, learned counsel for the plaintiff appeared before the Sub-Registrar, Jammu and objected to the registration. The Sub-Registrar 1st Additional Munsiff, Jammu heard Mr. K. S. Johal and by order dated 23.09.2009 rejected the application and posted the document for registration on 10.10.2009. Since Sub-Registrar, Jammu was not a party in the suit, the restraint order was only against the defendants.
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