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2025 Supreme(J&K) 210



JUDGMENT :

Rajesh Sekhri, J.

1. Appellant has invoked, Letters Patent of this Court, to assail judgment dated 27.02.2024, passed by learned Single Judge of this Court [“the writ court], vide which his writ petition came to be dismissed as not maintainable.

2. Before a closer look at the grounds urged in the memo of appeal, it shall be expedient to have an overview of some uncontroverted facts.

3. The appellant claims to be owner in possession of a piece of land falling under Khasra No.37-Min, Khata No.21 and Khewat No.2, situate at Village Patli, Tehsil and District Samba. An Agreement to Sell came to be executed by him and notarized, in favour of respondent No.4 on 17.07.1997, by virtue of which, he agreed to sell one kanal of land to respondent No.4, for a sale consideration of Rs.50,000/-, through cheque bearing No.482697 dated 16.07.1997 of Canara Bank, Jammu and agreed to execute sale deed, within six months with a stipulation that in case of any defect in the title or possession, he shall pay double the amount to respondent No.4, to be recovered from his moveable and immovable property. Subsequently, he executed a Lease Deed in favour of respondent No.4 on 05.06.1999 with respect

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