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2002 Supreme(J&K) 274

R.C.GANDHI
Gh. Mohd. Wani – Appellant
Versus
Ali Dar – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: None

This civil 2nd appeal has been filed against the judgement and decree passed by the courts-below.

2. The apellant-plaintiff instituted a suit for permanent injuction restraining the respondents from interfering in his possession over a piece of land measuring two marlas bearing survey No. 229 Abadi-Deh situated at Dangerpora Razwan Tehsil Budgam fully described in the body of the plaint. Alongwith the suit, the appellant annexed a sketch-map prepared by the patwari on 2nd September, 1981 to prove the fact of his possession over the land. During the pendency of the suit, the respondent raised some construction over the disputed land. The suit was amended to seek relief of Mandatory Injuction. However, no issue was framed to that effect. The trial court on appreciation of the evidence led by the parties, dismissed the suit on 17th October, 1992 hoding that the appellant is not found in possession of land in dispute. Appeal was preferred against the judgement and decree of the learned Sub-Judge whicgh came to be dismissed by the learned District Judge, Budgam vide judgement dated 29th June, 1996.

3. This appeal has been admitted on the following two substantial questions of law :

1. Whet






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