1. This Civil First Miscellaneous Appeal by defendants 1 to 3 is directed against the order dated 29th December, 2011 (for short 'impugned order' herein) passed by the Learned Additional District Judge, Srinagar, in an application moved by the Plaintiffs, Respondents 1 & 2 herein, in a suit titled Arif Ahmad Shah and another v. Masood Ahmad Shah and others.

2. It appears that respondents 1 & 2 filed a suit for injunction and recovery of rent. Along side the suit, an application was made for grant of ad interim relief, on the ground that the defendants-appellants and plaintiffs respondents 1 & 2 are joint owners of a three storied house with attic and the land underneath and appurtenant, thereto measuring about three Kanals, bearing Plot No. 41, situate at Gogji Bagh, Srinagar, which is in possession of defendant No. 4 on rent basis in terms of the lease deed dated 06.10.1989 executed by plaintiff No. 1 and defendants 1 and 2. The pleadings reveal that plaintiffs and defendants are having fifty percent share each in the suit property in terms of registered sale deed and gift deed. Fifty percent of the said property was acquired by respondent No. 1 and the remaining was acquired by de

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