JANKI NATH BHAT
Salam Rather – Appellant
Versus
Mohd. Gani – Respondent
The plaintiff-petitioners brought a suit for a permanent injunction against the defendant-respondents with respect to 2 kanals of land comprising different survey numbers in village Shandharu Tehsil Pulwama. In Para 2 of the plaint they have mentioned that the mother of defendant No. 1 transferred her rights in the Shamilat and Abadi Deh pertaining to 1 kanal and 3 marlas for a consideration of Rs.1500 to the plaintiffs. A further averment in this paragraph was made by the plaintiffs that prior to the execution of this document, the plaintiffs had been in possession of this land for some time. This 1 kanal and 3 marlas is the subject matter of the document in question dated 29-11-61.
The trial court has held that the document in question is a sale deed and by means of this document Mst. Khatuni has transferred her rights in Abadi Deh and Shamilat land. All that could be transferred pertaining to Shamilat land was the possessory ri
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