Jammu and Kashmir Court February 2011 Judgments
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Savitri Devi. Vs. Godavari Devi, and anr.
Court: Jammu and Kashmir
Decided on: Feb-22-2011
1. Challenge in this LPA is to the Judgment dated 12.12.2000 passed by the writ court in OWP No. 1027/88 whereby the order passed by the respondent No. 2- J&K; Special Tribunal Jammu came to be set-aside, hereinafter for short referred to as impugned judgment.2. During the pendency of the appeal, Karnail Singhrespondent died and his legal heirs were brought on record vide order dated 23.8.2002.BRIEF FACTS:3. Jagan Nath S/o Fangni R/o Panjore Tehsil Jammu executed a document Deed of Mustajri for a period of 20 years in favour of Inder Singh S/o Kirpal Singh and Karnail Singh S/o Budhi Singh Rs/o Dubta Tehsil Jammu in lieu of Rs. 1000/- which was received by Jagan Nath in advance. After completing 20 years of Mustajri, Inder Singh and Karnail Singh had to return the possession of the land to Jagan Nath.4. During the pendency of Mustajri , Jagan Nath sold 8 kanals out of said 40 kanals 8 marlas of land to Savitri Devi-appellant, who, after the expiry of 20 years-fixed term made a request ...
Nek Ram and ors. Vs. Bharat Bhushan and ors.
Court: Jammu and Kashmir
Decided on: Feb-22-2011
1. Petitioners are the contesting defendants and the respondents are the plaintiffs in the original civil suit (For short to be referred to as plaintiffs and defendants). A civil suit for permanent prohibitory injunction was filed by the plaintiffs before learned Munsiff Billawar stating therein that they were owners in cultivating possession of some chunk of land (twenty-four kanals & two marlas) situated in Halqa Dher Tehsil Billawar. Since Ram Chand one of the co-sharers in the suit land had died hence some of the plaintiffs being successors were also in possession of the said suit land alongwith their co-sharers. The case further set up by the plaintiffs was that the defendants were forcibly encroaching upon the land and therefore, they should be restrained. A preliminary objection was raised by the defendants that the suit was not maintainable in the present form as the matter comes within the jurisdiction of J&K; Agrarian Reforms Act (Validation) Act, 1997 (For short the Act) and...
Onkar Singh and ors. Vs. State of Jandk, and ors.
Court: Jammu and Kashmir
Decided on: Feb-10-2011
1. Heard Mr. R. S. Pathania, learned counsel for the appellants as well as Mr. A. G. Sheikh, learned counsel for respondent Nos. 3 and 4 and Mr. Amrish Kapoor, learned counsel for respondent No. 6.2. This Letters Patent Appeal witnesses a challenge to the Judgment dated 1.1.2010 passed by the learned Writ Court in OWP No. 507/2007, whereby the learned Single Judge dismissed the writ proceedings initiated by the appellants questioning the legality and sustainability of the order dated 1.6.2007 rendered by the Jammu and Kashmir Special Tribunal, Jammu (for short, the Tribunal ), claiming, inter alia, primarily that they were protected tenants of the land in dispute and respondent No. 6 had no legal rights whatsoever to claim the said land, holding that (a) there was no record/material to establish the status of the appellants as protected tenants; and (b) since the disputed land was deleted from the records of Evacuee Department in the year 1983, the contention of the appellants that lan...
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