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2000 Supreme(J&K) 255

T.S.DOABIA
Avtar Krishan – Appellant
Versus
Rattan Lal Gondi – Respondent


Advocates Appeared:
Advocate For Appellant: V.K. Chopra

JUDGMENT

1. The plaintiff/ petitioner filed a suit for permanent prohibitory injunction. The prayer made was that defendant/ respondent be restrained from interfering in any manner into the peaceful possession of the plaintiff/ petitioner over a shop situated at Peer Mitha. Jammu. The description of these premises are given in the heading of the plaint.

2. In para 5 of the plaintiff it is submitted that the plaintiff has become owner by adverse possession. Alongwith the suit an application has been filed. In this a prayer has been made that the plaintiff be permitted to repair the said premises. It is stated that the roof alongwith backwall of the suit shop is in a dilapidated condition and is likely to collapse at any time. This application was filed on 3-3-1998. The respondent/defendant filed the written statement. The plea taken by him is that the plaintiff was inducted in the premises by one Ravinder Kumar. It is submitted that the plaintiff is a sub-lesser and therefore, he has no legal right to continue in the premises. It is also submitted that the defendant would be taking steps with a view to recover the possession by restoring to the provisions under the J&K Houses and Shop











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