Decided on April 20,1999

Ali Mohd Mir Appellant
Akbar Lone Respondents


- (1.) IN the suit seeking declaration and injunction it came to be pleaded by the plaintiff, the non -petitioner herein, that he was in exclusive possession of one kanal of land comprised in Survey No. 2262/ 817 situated at village Harri, Teh. Kupwara, District Kupwara wherein he had raised the plantation of willow -trees. Apprehending wanton acts of interference from the defendants, the plaintiff sought the declaration from the Court that he is the owner of the trees, planted in the land. He sought the restraint orders so as to prevent the acts of interfere overt and covert in respect of his possession.
(2.) IT appears that the suit was resisted on the plank that the village Awkaf was in possession of the land whereon construction of the Mosque was intended. The defendants objected to the Civil courts jurisdiction on the plank that the land was the Shamilat land and the civil action was barred by the Land Revenue Act.
(3.) THE trial court raised the issue as to his jurisdiction to deal with the matter. On hearing the parties and on consideration of the averments made the trial Judge, that is the Sub -Judge, Kupwara held this his jurisdiction over the matter was not ousted by any law, express or implied. This finding was recorded by the trial court on 31 -12 -1996. The finding of the trial court was sought to be got reversed by filing the appeal before the District Judge. The District Judge dismissed, vide his order dated 5.5.1998, the appeal of the defendants on the ground that the order of the trial court was not under the Code of Civil Procedure appealable.;

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