Irshad Ahmad vs State of U. P. - 2023 Supreme(All) 1750

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1750

J. J. MUNIR
Irshad Ahmad – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Arpit Agrawal, Advocate
For the Respondent:Mr. V.K. Nagaich, Standing Counsel and Mr. Amit Kumar, Advocate

Table of Content
1. facts regarding the plaintiff's claim to the property. (Para 3 , 4 , 5 , 10 , 12)
2. defendants' denial of the plaintiff's claims. (Para 8 , 11 , 13 , 38)
3. court's observations on evidence presented. (Para 17 , 20 , 22 , 25)
4. legal requirements for filing a suit for injunction. (Para 39 , 53 , 60)
5. final decision and dismissal of the appeal. (Para 76 , 77)

JUDGMENT :

This is a plaintiff's appeal arising out of a suit for permanent prohibitory injunction.

2. Original Suit No. 441 of 1979 was instituted by Irshad Ahmad against the State of U.P., represented by the Collector, Muzaffar Nagar and the Town Area Committee, Burhana, District Muzaffar Nagar, represented by its Secretary, praying for a permanent injunction to the effect that the defendants be forbidden from interfering with the plaintiff's peaceful possession in the suit property perpetually.

3. The facts giving rise to the appeal are these:

Irshad Ahmad (for short, 'the plaintiff') instituted a suit before the Munsif of Muzaffar Nagar with a case that he had his Pajawa (an indigenous brick-kiln), located in Khasra No. 3299, admeasuring 1 bigha 8 biswa and Khasra No. 3300, admeasuring 10 biswa, situate in the

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2023 Supreme(All) 1750

J. J. MUNIRIrshad Ahmad – AppellantVersusState of U. P. – Respondent

Cases Referred (5)

J. J. MUNIR
Irshad Ahmad – Appellant
Versus
State of U. P. – Respondent