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1940 Supreme(J&K) 2

AB.QAYOOM, JANKI NATH WAZIR
Gaffar – Appellant
Versus
Balku – Respondent


Advocates Appeared:
Advocate For Appellant: Ab. Qadir
Advocate For Respondent:Respondent in person
Advocate For Appellant: Harbans Bhagat

This appeal arises out of a suit for recovery of possession of some land with houses and Gharats standing thereon. The plaintiff alleged that his grand-father entrusted the land to the defendant at the time he went to Chamba, that his father Makhan on his return from Chamba regained possession for a short time but died soon after, that on the death of his father the plaintiff was a minor and the defendant continued to cultivate the land, that the defendant got the name of Makhan entered in the revenue papers as an absentee, that the defendant tried to get the name of the plaintiff removed from the revenue records but he was unsuccessful in his attempt and lastly the plaintiff prayed for the possession of the property. The defendant resisted the suit on the ground that he was in adverse possession of the property for more than 12 years and that he had effected improvements by incurring considerable expense. The trial court of Subordinate Judge Udhampur dismissed the plaintiffs suit as barred by time. On appeal the learned District Judge reversed the finding of the trial court and remanded the case to it for decision on the merits. The defendant has come up in further appeal to this







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