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1975 Supreme(J&K) 59

JASWANT SINGH
Ab. Gani Daga – Appellant
Versus
Mahant Ram Saran – Respondent


Advocates Appeared:
Advocate For Appellant: S.L. Kaul
Advocate For Respondent: Sundar Lal

1. This application which seeks revision of an order dated November 14, 1974, of the City Judge Srinagar, refusing to stay the execution of the decree dated April 5, 1975, passed by the Sub Judge (CJM) Srinagar, arises in the following circumstances :

2. Mahant Ram Saran Das, respondent No. 1 herein, and1 a few others, trustees of the Asthapan Sri Chander Chinar, Kothi Bagh, Residency Road, Srinagar, brought a suit on March 19, 1959 in the court of the Sub-Judge (CJM), Srinagar, for ejectment of Abdul Ghani Farash, respondent No. 2 herein, and Abdul Gaffar Khan son of Ahmad Khan resident of Ikhraj Pura, Lalmandi, Srinagar, and of Mohd. Sidiq Soofi betel vendor, Residency Road, Srinagar, from an area measuring 915 sq. it. situate in Kothi Bagh, Residency Road, Srinagar, and for recovery of Rs. 105/- on account of rent and Rs. 11O/- by way of damages for use and occupation of the said property and for a declaration to the effect that the Malba lying there belongs to the Asthanpan and the defendants had no right to interfere with the same as also for an injunction restraining the defendants from raising any new construction on the suit property.

3. The case of the said plaintiffs was






























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