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1953 Supreme(J&K) 13

CH.NIAMAT ULLAH, PT.SHAM KRISHNA DAR, SIR IQBAL AHMAD
Kharku – Appellant
Versus
Rasil Singh – Respondent


Advocates Appeared:
Advocate For Respondent: None
Advocate For Appellant: Pt. Shambu Nath Dhar

This is an appeal against a judgment and decree of the High Court dated Poh 4, 2002, by which it affirmed a judgment and decree dated Sawan 22,2002 of the District Judge, Mirpur, whereby the judgment and decree dated Chet 7, 2001 of the Munsiff of Bhimber was affirmed.

(2) On Baisakh 9,1990, the respondent No. 1, agreed to convey 27 Kanals 10 Marlas of land situated in village Mathral to the appellants and to respondent No. 2, on payment of a sum of Rs. 950/- and to put them in possession of the same. This land at one time was the tenancy holding of Sarban - an uncle of the appellants & of the respondent No. 2, who in or about the year 1983 made an oral sale of it to the respondent No. 1, which was given effect to by a mutation order dated Maghar 16, 1983. The appellants had challenged this Mutation Order and in the course of litigation which ensued the above agreement was arrived at which was also recorded in an order of the Revenue Court of the same date.

(3) From the date of the sale, the respondent No. 1, continuously remained in possession of the; property and by Ailan No. 4 of 1993, the proprietary rights in the land were conferred upon him by the State. The land thus purcha














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