STATE OF JAMMU AND KASHMIR Vs. S. ATMA SINGH

JUDGEMENT

(1.) The plaintiff-respondents who were allegedly deprived of the possession of the land measuring 1 kanal 10 marlas and 43 sq. ft. in the year 1955, filed a suit for possession with respect to the aforesaid land in the trial court on 14-12-1965 alleging there-in that they were the owners of land measuring 5 kanals and 2 marlas comprised in khasra No. 75 and 75 min. situate at Maisuma Amirakadal, Srinagar. It was alleged that the appellant state took possession of 1 kanal 10 marlas and 43 sq. ft. of the plaintiffs land in excess of the acquired land without paying any compensation thereof. The appellant is stated to have raised building known as Budshah Hotel on the suit land and the land acquired from the plaintiff. Windows were opened and roofs projected towards plaintiffs land which adversely affected the user of the property. After serving the notice under section 80 CPC, the suit was filed in the trial court. Smt. Gian Kour a co-owner was arrayed as proforma defendant in the suit.

(2.) The defendant No. 1 contested the suit on various ground including the one that full compensation has been paid for the land acquired from the plaintiff and that the suit was barred by limitation. It was further stated that the suit has not been properly valued and the court did not have the jurisdiction to grant the relief. The legality of the notice under section 80 Civil Procedure Code was also denied. On the basis of the pleadings of the parties the following issues were framed on 18-8-1977 :

(3.) The plaintiff produced Gh. Mohd Dar, Gh. Mohd Gilkar, Ahad Shah, Prem Nath, Mohd Sultan, Jai Lai, Ghulam Mehdi, Mohan Lal, Lala Nanak Chand Advocate, Nohd Shafat Ahmad, Munshi Gh. Hassan and Kh. Ahmadullah the plaintiffs attorney.