ABDUL KARIM KHAN Vs. MST. RASHIDA BEGUM AND OTHERS
LAWS(J&K)-1993-5-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 21,1993

ABDUL KARIM KHAN Appellant
VERSUS
Mst. Rashida Begum And Others Respondents


Referred Judgements :-

P. L. DUA V. HARDUTT SHARMA [REFERRED TO]
JAGAT DHISH BHARGAVA VS. JALWAHAR LAL BHARGAVA [REFERRED TO]


JUDGEMENT

V.K. Gupta, J. - (1.)While disposing of this appeal, by the same order, we shall be disposing of CMP No. 2/87 filed by the appellant during the pendency of the appeal.
(2.)Against the judgment and decree dated 29th Sept. 1978 in Civil Suit No. 39/78, the appellant, who was one of the defendants in the aforesaid suit preferred this 1st appeal. Mst. Rashida Begum, respondent No. 1 herein had filed a suit for partition, possession and rendition of accounts. After trial, a preliminary decree for partition and separate possession with regard to items 1 to 6 mentioned in Schedule "A" to the plaint was passed in favour of the plaintiff and defendants No. 2 to 4 in the suit. The suit in so far as it related to land mentioned in items 7 to 9 of the schedule was referred to the concerned Collectors as provided u/S. 19 of the Jammu and Kashmir Agrarian Reforms Act, 1975. Because of the situation and location of the properties covered in the suit both at Srinagar as well as in Jammu, S/Shri Abdul Latif Qayoom and Anil Dev Singh Advocates of this court at that time were appointed as the Commissioners respectively to partition the properties for Kashmir and Jammu provinces.
(3.)Aggrieved by the aforesaid judgment and decree, the present appeal was filed by Abdul Karim Khan, who was one of the defendants in the aforesaid suit.


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