Mushtaq Ahmad Purra – Appellant
Versus
Gh. Qadir Lone – Respondent
Muzaffar Hussain Attar, J.
1. This Civil 2nd Appeal is admitted to hearing on the following substantial questions of law:-
(a) Whether a decree for permanent injunction can be passed by the Civil Court when the suit property is not described in the plaint, more so, when the survey number comprises of more land than that to have been claimed to be in possession of the plaintiffs/respondents.
(b) Whether a decree for permanent injunction can be granted when there is no evidence to show that any interference is caused in the possession of the plaintiffs/respondents.
2. Notice.
3. Notice accepted by Mr. Zubair Ahmad.
4. At request of learned counsel for the parties, this Civil 2nd Appeal is taken up for final disposal.
5. Heard learned counsel for the parties at great length.
6. The plaintiffs/respondents instituted civil original suit which landed in the court of 2nd Subordinate Civil Judge (Passenger Tax), Srinagar against the appellants. It is pleaded in the plaint that the respondents are joint owners in possession of land measuring 2 kanals 17 marlas comprising under Khasra No. 199/100 situated at Mouza Devipora Zakoora, Srinagar. It is also pleaded in the plaint that the appell
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