Union Of India And Others vs Sheela Devi And Others
2025 Latest Caselaw 1573 J&K

Jammu & Kashmir High Court

Union Of India And Others vs Sheela Devi And Others on 29 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                       Serial No. 06


         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

Case:-    CSA No. 19/2009
          c/w
          CSA No. 20/2009

Union of India and others                   .....Appellant(s)/Petitioner(s)

                    Through: Mr. Sandeep Gupta, CGSC.

               Vs

Sheela Devi and others                                ..... Respondent(s)

                    Through: Mr. Vikram Sharma, Sr. Advocate with
                             Mr. Sachin Dev Singh, Advocate
                             Mr. Abhishek Wazir, Advocate
                             Mr. Waheed Choudhary, Advocate.

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                 ORDER

(29.05.2025)

1. This Court has heard this case at length.

2. There are findings of facts in the suit which are, perhaps,

unimpeachable in the present civil 2nd appeal notwithstanding the

substantial questions of law so framed in this case.

3. In fact, from the tone and tenor of the substantial

questions of law framed in the present civil 2nd appeal, it is open to

review whether the said substantial questions of law are born out of

the findings of the fact in the suit or beyond the four corners of the

established position of facts in the civil suit.

4. The tone and tenor of the substantial questions of law is as

if being preliminary objections in a written statement against the

maintainability of a civil suit.

c/w

5. During the course of hearing, this court has mooted to

Mr. Sandeep Gupta, learned counsel for the appellants to have

consultation with the appellants with respect to the fact that in the

event of the court upholding the judgment and decree of the court

below read with that of the appellate court then this Court is

inclined to adjust the equities of the case in favour of the appellants

by reckoning the original plaintiffs/decree holders entitled to the

rental w.e.f. the date of civil suit onwards till their property forming

subject matter of the suit in admitted long and settled use and

occupation of the appellants, but in ownership of the original

plaintiffs/decree holders, is intended to be acquired by the

appellants so as to settle the controversy once for all for the long

term benefit of the appellants so as to hold the property for all time

to come without any clog in terms of enjoyment thereof as its owner,

particularly, bearing in mind that the property is located in the

district Rajouri, UT of J&K and is part of an essential asset and

installment of the Indian Armed Forces.

6. List again in continuation on 10.07.2025.

(RAHUL BHARTI) JUDGE JAMMU 29.05.2025 Shivalee