Serial No. 144 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 7997/2025 Bali Ram & Anr.

…..Petitioner(s)

Through: Mr. Karan Sharma, Advocate.

Vs Mohan Lal .….Respondent(s)

Through:

CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(12.12.2025)

01. A civil suit came to be instituted originally by plaintiff-Gullu Ram S/o Jago Ram R/o Rajwal, tehsil Jourian naming therein two defendants, namely, Bali Ram & Shamsher, both sons of Phemu Ram.

02. The institution of the civil suit is of 03.11.2020.

03. In said civil suit, the original plaintiff claimed a decree for permanent prohibitory injunction read with mandatory injunction against said two defendants from raising any construction of shops over the suit land comprising khasra No. 112 min measuring 1.12 kanal and khasra No. 114 measuring 3.19 kanals situated in village Rajwal, tehsil Jourian. In his suit, the original plaintiff also sought mandatory injunction against two defendants to remove illegal and unauthorized construction over the encroached suit land which suit land is said to be owned and possessed by the said original plaintiff.

04. Two defendants in the suit appeared and filed their written statement on 26.11.2020 maintaining preliminary objections on three counts one of which being lack of jurisdiction of the civil court. 05. On the basis of the pleadings so submitted, the court of Munsiff Akhnoor came to frame issues by virtue of an order dated

08.03.2023.

06. Issue No. 1 came to be framed as under:-

“Whether this Court has no jurisdiction to try the present suit as the suit land is evacuees land? OPD”

07. Issue No. 1 was ordered to be a preliminary issue to be taken up for adjudication before commencement of evidence taking place in the suit.

08. On behalf of the original plaintiff, the written submissions came to be submitted in connection with the adjudication of the Issue No. 1 stating therein that the suit land is an evacuee property allotted to the original plaintiff and his father in the year 1978.

09. The court of learned Munsiff, Akhnoor, by virtue of an order dated 29.09.2025, has come to return a finding on Issue No. 1 by holding that the suit is maintainable notwithstanding the suit land being an evacuee suit property.

10. Order dated 29.09.2025 has left the petitioners aggrieved to invoke revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure, 1908.

11. The impugned order carries some highlight observations which are factual in content and intent in the sense that the trial court of learned Munsiff has observed that the position of both the parties qua the suit land is that of trespassers of the evacuee land. It has further been observed as a matter of finding of fact by the learned Munsiff, Akhnoor that the suit property has not been allotted to any of two parties and, therefore, the position of both the parties qua the suit land is that of trespassers of the evacuee land but there is no dispute between the parties with regard to the status of the suit land which as per the documents relied upon from both sides is evacuee land.

12. In the backdrop of the aforesaid factual observations, the trial court of learned Munsiff Akhnoor still reckoned non-application of section 35 of the J&K State Evacuees’ (Administration of Property), Act, 2006 by relying upon the judgment of this Court in case of “Tariq Hameed Kara Vs. Ghulam Mohi-ud-din Wani & Ors.”

reported in 2005(2) JKJ 427 (HC).

13. Learned counsel for the petitioners, who are defendants in the civil suit, submits that 1971 khasra girdawari related to the suit land falling in khasra Nos. 112 & 114 of village Rajwal reflects the cultivation of Phemu Ram, the father of the petitioners as well as the original plaintiff-Gullu Ram S/o Jago whereas with respect to khasra No. 112 said Jago is also said to be in cultivation possession.

14. 1971 entry of said two khasra numbers cannot be a matter of a stray entry in terms of cultivation possession of two khasra numbers which incidentally