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HIGH COURT OF JAMMU AND KASHMIR
ADMINISTRATOR M.C.RAJOURI AND ANR. – Appellant
Versus
MOHD.ABDULLAH AND ANR. – Respondent
ORDER :
1. Heard learned counsel for the appellants.
2. There is no representation on behalf of the respondents, as such, are proceeded ex parte. This is a civil 2nd appeal of 2017 related to a suit for permanent prohibitory injunction.
3. The respondent No. 1 came to prefer a civil suit on file No. 16/Civil on 17.05.2002 before the court of Munsiff, Rajouri. The suit was preferred against the State of Jammu and Kashmir and Notified Area Committee, Rajouri.
4. The civil suit was for permanent prohibitory injunction for restraining the defendants in the suit from inferring or forcibly evicting the respondent No. 1 as plaintiff from the suit shop situated at Tone Hall owned by the Notified Area Committee, Rajouri.
5. At present, Notified Area Committee’s successor authority is the Municipal Committee, Rajouri and the present appeal is being pursued by the Municipal Committee, Rajouri.
6. In the suit, the respondent No. 1 as plaintiff did not volunteer himself to come as a witness to depose as to how come he came to be in the suit shop which did not in any manner belong to him and as per his own admission is the property of Notified Area Committee, Rajouri. Just by a bald assertion that he
Decrees favoring individuals without substantiated claims of possession undermine legal protections for public property.
Lawful possession can be protected by temporary injunction against eviction until due process is followed, emphasizing the necessity of establishing a prima facie case, balance of convenience, and ri....
A suit for injunction simplicitor is not maintainable without a declaration of ownership, especially when the plaintiff admits that part of the property is in the possession of the defendants.
Injunction cannot be claimed to perpetuate unauthorised possession by invoking equitable jurisdiction of Civil Court.
The necessity of filing a suit for declaration and/or possession with injunction as a consequential relief when the plaintiff's title is not in dispute or under a cloud, but he is out of possession.
Continuous possession must be proven to obtain an injunction; mere revenue entries are not conclusive if rebutted by evidence.
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