JUDGMENT

The instant appeal has been preferred by the appellant against order dated 09.05.2023 passed by learned 1st Additional District Judge, Jammu (Court below, for short) in file No. IA/01/2-23 titled Raj Kumar Gupta v. Bank of India and Anr.

2. The parties hereinafter shall be referred by their rank and title of the suit i.e. plaintiff and defendants.

Brief Facts

3. Plaintiff filed a suit in the Court below for declaration that the deed of further charge of mortgage of land cum additional mortgage dated 17.02.2014 and mortgage dated 06.02.2014 respectively executed by the plaintiff in favour of the defendant-Bank as null and void and not operative ineffective and not legally enforceable and cannot be acted upon by the defendants for alienation in any manner being nonest in the eyes of law.

4. Plaintiff while filing the aforesaid suit before the Court below has specifically pleaded that he was allotted state land and thereafter rights were vested in the land in him under Section 08 of the Land Revenue Act with a restriction under Section 8A that the land shall be vested in the occupant and shall not be alienated after such vesting without permission of committee or such authori