DAS RAM Vs. BALWANT RAJ
LAWS(J&K)-1993-10-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 25,1993

Das Ram Appellant
VERSUS
Balwant Raj Respondents

JUDGEMENT

- (1.)THIS revision petition arises from the order made by the learned District Judge Poonch dt. 15.4.1992.
(2.)THE material facts of the case are that respondents 1 to 3 (hereinafter referred to as the plaintiffsâ„¢) filed a suit in the court of Sub Judge Poonch for declaration against petitioners and respondents 6 & 7 (hereinafter referred to as the Defendants) to the effect that Defendant No.1 Das Ram has divested the Plaintiff No. 1 Balwant Raj of the disputed property by virtue of a document of Aaknama registered by Sub Registrar Poonch on 25.4.1990, against the provisions of law, for the fact that the property in question belonged to undivided Hindu family and the partition had taken place in the year 1991 -92. The Defendant No.1 divided the whole property which was joint, in five equal shares by virtue of which the disputed property has fallen in the share of the plaintiffs but the defendants are interfering with their possession. The subject matter of the dispute consisted of some land, a shop and a house. The land was comprised under survey No. 359, (2 Kanals) , No. 1568 (1 Kanal 7 Marlas), No. 1602 (4 Kanals 6 Marlas), No. 1609 (14 Marlas), No. 1629 (1 Kanal 11 Marlas), a shop existing on an area of 2 marlas in survey No. 501/1 total measuring 4 kanals and house existing on an area of three marlas of land in survey No. 1570 measuring 9 marlas and the evacuee land consisting of survey No. 392 measuring 16 marlas, survey No. 427 measuring 18 marlas and No. 741 measuring 1 kanal 10 marlas).
(3.)ALONGWITH the suit, an application for grant of temporary injunction was also filed by the plaintiffs. The trial court, after hearing the parties and considering all the questions raised before him, granted an interim injunction concerning survey numbers 1602, 1609, 1629, 359, 1568 and a shop over two marlas of land under survey No. 501/1. However, the trial court did not grant the said temporary injunctory relief concerning the house existing over an area of three marlas of land in survey No. 1570 and evacuee property comprised in Survey Nos. 392, 427 and 741.
Aggrieved of the said order, the plaintiffs filed an appeal before the court of District Judge Poonch, regarding which cross appeal was also filed by the defendants. The first appellate court after considering all the questions, vide its order dt. 15.4.1992, modified the order of the learned trial subordinate Judge, and restrained the defendants from dispossessing the plaintiffs from the whole of the suit property.



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