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1976 Supreme(J&K) 58

MIAN JALAL-UD-DIN
Mohd. Sultan Wani – Appellant
Versus
Qasim Ali – Respondent


Advocates Appeared:
Advocate For Appellant: J.N. Langar
Advocate For Respondent: Z.A. Shah

1. The plaintiff applicant brought a suit for permanent injunction against the defendants respondents in the court of City Munsiff Srinagar. He averred that he is the tenant in a shop owned by the defendant No. 1. Defendants 1 and 2 have been interfering with his possession and have been indulging in other acts of malfeasance to pressurize the plaintiff to vacate the shop. He, therefore, sought decree for permanent injunction against the defendants and also for mandatory injunction for compelling the defendants to reconstruct the demolished wall. The defendants in their written statement denied the plaintiffs claim and pleaded that the plaintiff had already surrendered the possession of the shop of his own accord as that shop was in a dilapidated condition and there were huge amounts of rent outstanding against the plaintiff.

2. On the application of the plaintiff the court passed an interim injunction against the defendants temporarily restraining them from interfering with the possession of the plaintiff. During the progress of the trial of the case the plaintiff moved an application for contempt in the trial court averring therein that the defendant forcibly turned out the plaint









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