1. Civil 2nd Appeals 14 of 2003 and 15 of 2003 arise from identical judgments and have been admitted for hearing on identical question of law, that reads as under:

Whether suit was barred by provisions of section 139 of Land Revenue Act, 1996 Svt. (1939-AD) ?

2. The background facts may be summarized in the first instance.

3. The respondents 9.7.2003 filed two civil suits in the Court of Ld. Sub Judge Budgam registered as 46-A/Numbri and 46-B/Numbri. The averments made in the suits were identical. In suit No. 46-A/Numbri the respondents claimed to be owners in possession of a plot of land measuring 8 kanal and 12 marlas comprising of survey No. 145/1 min khewat No.233 min situated at estate Rawalpora Tehsil Budgam (Suit land for short). The respondents averred that Shri Gh. Mohammad Najar S/o Razak Najar R/o Bhagwanpora, Rawalpora (proforma respondents) on 30.6.1989 pursuant to a conspiracy hatched with Tehsildar Settlement Chadoora got an area measuring 4 kanal 12 marlas out of aforesaid plot entered in the revenue record in his favour and that on appeal the order of Tehsildar settlement was set aside by Assistant Commissioner Budgam vide order dated 30.10.1989. The respondents, it i

Click Here to Read the rest of this document