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1978 Supreme(J&K) 8

I.K.KOTWAL
State Of J. &K. – Appellant
Versus
Gh. Rasool – Respondent


Advocates Appeared:
Advocate For Appellant: K.N. Raina
Advocate For Respondent: K.N. Koul

1. This Civil Second Appeal is directed against the decree of Additional District Judge, Srinagar confirming on appeal the decree of Sub-Judge, Chief Judicial Magistrate, Srinagar, decreeing the respondents suit for prohibitory injunction restraining the appellants from interfering in their possession over some land and trees standing thereupon. The facts which have given rise to this appeal may be briefly stated as below:

2. The respondents brought a suit on 29-12-1961 against the appellants alleging that they were in possession of land comprising Khasra Nos. 192 and 626 situated in village Gund Roshan, Tehsil Ganderbal and that the defendants were trying to interfere with their possession over the said land and taking steps to auction the trees standing on the land which had been according to the respondents planted by them. The defence taken up by the appellants was that land comprising Khasra No. 192 was a Khalsa land belonging to the State of Jammu and Kashmir and the trees standing on this land had also been planted by the Dehat Sudhar Department of the State over which the respondents did not have any claim. It was also pleaded in defence that the suit in its form was not m

























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