JALAL KHAN AND Another vs IMAM DIN AND Other — 1970 PLD 88

Citation: 1970 PLD 88

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-06-13

Parties: JALAL KHAN AND Another vs IMAM DIN AND Other

Headnotes

Case cited as PLD 1970 Azad J & K 88

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Yousaf Saraf Title: JALAL KHAN AND Another vs IMAM DIN AND Other Case No.: Civil Revision No. 41 of 1969 Date of Judgment:1970-06-13 Reported As: PLD 1970 Azad J & K 88 Result: petition dismissed JUDGMENT JUDGMENT This revision petition has been filed against an order passed by Sub-Judge, Rawalakote on 22-10- 1909 whereby he has admitted into evidence copy of a judgment of the Jammu & Kashmir High Court. Brief facts of the case are that on 26-9-1966 the petitioners brought a suit for possession of 28 kanals 6 marlas of land together with a house situate in Pothi Makwalan, Tehsil Rawalakote on the ground of being its owners. It was claimed that the defendants H ere in possession as tenants. In their written statement the defendants pleaded res judicata, claiming that there was civil litigation between the parties about the land in dispute during Dogra regime and that the Jammu & Kashmir High Court had, vide its judgment dated 31st Har, 2004 Bikritni decided the suit in their favour by upholding their claim of adverse possession. A copy of this judgment was attached with the written statement. Hashmat defendant appearing as a witness on 17-10-1969 stated that they had brought a suit against the plaintiffs during Dogra regime; that the trial Court dismissed their suit but the District Judge decreed it in their favour and further that on appeal to the High Court, the decree of the District Judge was…

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