1. Dispute relates to the land measuring 13 marlas under Khasra No. 1695 min situated at village Khour Tehsil Akhnoor District Jammu. Claiming to be owners of the property, the respondents filed two suits before the trial court. A suit for permanent prohibitory injunction restraining the defendants from raising the construction, alienating, dispossessing or interfering into the peaceful possession of the plaintiffs over the land in question. Another suit in the nature of declaration seeking cancellation of the agreement to sell alleged to have been executed between petitioner and one Soma Devi mother of defendant No.2 on 24.7.1984 and agreement dated 14.9.1984 alleged to have been executed between petitioner and plaintiffs No. 1 to 3 and father of plaintiff No.4 as null and void. The case of plaintiffs is that Soma Devi is occupancy tenant and did not have the authority to execute the agreement to sell in favour of the petitioner/defendant No.1. After the death of the occupancy tenant the property was to be reverted back to the original owners.

2. The case of the petitioner/defendant No.1 is that an agreement to sell has been executed with him for 10 marlas of suit land. Ever since

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