JUDGMENT

UNTWALIA, J.:— A piece of land measuring 113 Kanals and 11 Marlas situated in Chawni Badam Singh, Chattabal, Srinagar in the State of Jammu and Kashmir belonged to the forefathers of the defendant-respondent in this appeal by certificate. Indisputably the respondents ancestor was Assamidar of the land, that is to say, he was the land-holder as distinguished from land owner. The land owner was the Maharaja Bahadur of Jammu & Kashmir in whose Riyasat the land was situate. Proposals were made in the year 1893 to take this land from the ancestor of the respondent as it came under a timber depot established on adjacent Government land. The land was taken possession of and as was the practice prevalent during the Maharajas time only rent was remitted and no compensation was paid for taking over the land. The respondents ancestor had merely right in the land. He lost the right of possession too on the Government dispossessing him and taking possession for the purpose of the timber depot. Sixty years later the respondent filed an application before the then Prime Minister of Jammu & Kashmir for payment of compensation of the land. Inquiries were made from the various officers of t