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2007 Supreme(J&K) 171

MANSOOR AHMAD MIR
Gh. Rasool Parray – Appellant
Versus
Suhail Wahid Malik – Respondent


Advocates Appeared:
Advocate For Appellant: Altaf Haqani
Advocate For Respondent: Javaid Iqbal

1. This revision is directed against the order dated 28-2-2007 passed by Sub-Judge, Budgam, in a suit titled Suhail Wahid Malik Vs. Ghulam Rasool Parray & others, dismissing the application of the defendants -- petitioners filed under Order 7 Rule 11 CPC.

2. In order to appreciate the controversy involved in the case, it is profitable to notice the brief facts of the case. Respondent -- plaintiff filed a suit for perpetual injunction in the court of District Judge, Budgam, which came to be transferred to Sub-Judge, Budgam. Defendants -- petitioners appeared and filed their written statement on 3-11-2006. During the pendency of the suit, defendants moved an application in terms of Order 7 Rule 11 CPC for rejection of the plaint on the ground that defendants have leased out the suit property to the plaintiff -- respondent in terms of rent agreement dated 20-3-2004 for running his business under the name and style of "M/S Global Processing Solution, Parraypora", but the plaintiff subsequently changed his line of business and set up two educational institutes in the suit premises, one under the name and style of "Cambridge Child Development Centre" and the other "Informatics Computer In


















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