This is a defendants second appeal directed against the decision of the District Judge at Srinagar who reversed the judgment) and decree of the Munsiff, Srinagar. The suit in this appeal was instituted by the respondent for arrear of rent for three years on foot of a lease deed dated 6th Magh 2004. The main defence in the suit was that the property leased did not belong to the landlord and that the lease deed came to be executed on account of coercion to which the appellant tenant was subjected by the respondent landlord and his friends. The suit was first decreed by the trial Court. On appeal, the District Judge remanded it for fresh disposal by the trial Court after recording a finding on. the issue of estoppel under S. 116 of the Evidence Act.

The Court of first instance again dismissed the suit, holding that the lease deed in question was brought about by coercion. The landlord again appealed to the District. Judge who on 11-7-1959 called for a finding from the trial Court on the applicability of S. 11 of the Jammu and Kashmir Common Lands (Regulation) Act, 24 of 1956. On 13-8-1959 the Munsiff returned the finding that the Act applied to the case. The District Judge thereafter h

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