MOHAMMAD YOUSUF PALLA Vs. DISTRICT JUDGE ANANTNAG

JUDGEMENT

(1.) This petition invokes the writ jurisdiction so as to undo the decree passed by the civil Court. The circumstances in which this petition has been laid need to be broadly noticed:-

(2.) Petitioner and respondents 5 and 6 are the sons and daughter of respondent Hasan Palla. Respondents Assad Palla and Mst. Hafiza instituted the civil suit, numbered as 844/94, on 19-12-1994 in the Court of District Judge, Anantnag, whereby they sought a declaration that their father, Hassan Palla, had orally gifted away the immovable property identified in the plaint (copy annexure-P5) which is situated at village Bhan, Tehsil Kulgam, District Anantnag. On the presentation of the plaint in his Court, the District Judge transferred it on 17-12-1994 to the Court of Sub-Judge Anantnag for sub-judge, Kulgam, within whose territorial jurisdiction the property is situate was not available because of his leave of absence.

(3.) While the suit was thus on the dockets of Sub- Judge Anantnag, the parties thereto i.e. the respondents 5 to 7 herein, entered, into the compromise whereon the Sub-Judge passed the compromise decree on 20-3-1995. The decree acknowledged that the suit property had been transferred, by oral gift, by respondent Hassan Palla to respondents Assadullah Palla and Mst. Hafiza. Having thus admitted their title over the gifted property, the father came to be forbidden, by the decree, from interfering in the possession of the donees over the property. This is one aspect of the controversy.