Plaintiff vs Government of Azad Jammu and Kashmir — 1960 PLD 15

Citation: 1960 PLD 15

Court: High Court of Azad Jammu and Kashmir

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as PLD 1960 Pesh. 15

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s):Khawaja Muhammad Sharif, Chaudhry Rahim Dad Khan, Khawaja JUDGMENT Reported As: PLD 1970 Azad J & K 35 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD SHARIF, C. J.-This is the plaintiff's second appeal which arises out of his suit brought in the Court of the, Sub-Judge, Rawalakot, for a declaration that he is the owner of the Khalsa land survey No. 1067/711 measuring 21 kanals and 4 marlas situate in village Chhota Gala under Council Order No. 282 of 1957 as he had broken up the land in the year 1949. The suit was dismissed by the learned Sub-Judge by his judgment dated 25-5-67. The plaintiff then went up in appeal before the District Judge, Rawalakot, who by his judgment and decree dated 22-8-1967 dismissed the appeal with costs. Hence this second appeal. The facts giving rise to this appeal are that the Government passed an Order, No. 282/57 dated 22- 7-1957, which was published in the Government Gazette dated 23rd July 1957, ordering that all such persons who are proved to have been in continuous possession of Khalsa land without the permission of the Government and are recorded as such till the 1st day of January 1950, shall be granted proprietary rights of such land subject to certain limitations. The plaintiff made an application to the Revenue Assistant Poonch on 13-9-1949 praying that he be allowed to break up 50 kanals from the Khalsa land in Chotta Galla. On measurement and preparation of the plan the…

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