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2012 Supreme(J&K) 617

J.P.SINGH
Chain Singh – Appellant
Versus
Shri Mata Vaishno Devi Shrine Board & Ors. – Respondent


Advocates Appeared:
Rohit Kohli, D. S. Chouhan , Anil Verma, Advocates for Appellant.
Ms. S. S. Lehar, Sr. Advocate with Mr. Meharban Singh, Advocate for Respon#31;dents.

1. This Civil Miscellaneous 1st Appeal is directed against Additional District Judge, Reasi's order dated 15.07.2006 whereby appellant-plaintiff's Application seeking ad-interim injunction against Shri Mata Vaishno Devi Shrine Board, re#31;straining it from dispossessing him from Shop No.1 situated at Lambi Keri, Katra, without adopting due course of law, during the pendency of his Suit seeking Declaration that he was a tenant in the shop besides a Decree for Permanent Prohibitory Injunction restraining the Board from dispossessing him therefrom without adopting due course of law, was dismissed.

2. The Trial Court declined the appellant's Application finding that the mate#31;rial available on records, which included order passed by this Court in appellant's Writ Petition OWP No. 184/1994, in which he had admitted him to be the Licensee of the shop, would not indicate existence of prima facie case in his favour Of being either an existing Licensee, or a tenant.

3. It is not disputed that the appellant has been in continuous possession of the shop since 1983. According to the appellant, he was a tenant, whereas Shri Mata Vaishno Devi Shrine Board, "the Board", for short, treats him the




































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