SANJAY DHAR
Abdul Khaliq Sofi – Appellant
Versus
Mohammad Shafi Mir – Respondent
JUDGMENT
The petitioner through the medium of present petition has challenged order dated 17.11.2025 passed by learned District Judge, Pulwama, whereby appeal against order dated 11.03.2025 passed by learned Sub Judge (Special Mobile Magistrate) Pulwama vacating interim injunction in a suit filed by the petitioner against the respondents, has been upheld.
2. Issue notice to the respondents. Mr. M.Amin Khan, Advocate, who is on caveat, accepts notice on behalf of respondents. Caveat stands discharged.
3. Heard and considered.
4. It appears that the petitioner (hereinafter “the plaintiff”) has filed a suit seeking permanent injunction against the respondents (hereinafter “the defendants”) before the Court of learned Sub Judge (Special Mobile Magistrate) Pulwama (hereinafter the trial Court). In the said suit the plaintiff has claimed that he has purchased a piece of land measuring 15/12 feet situated at Main Market Shadi Marg on right side of the Shadimarg Keller Road from defendant No.1 for an amount of Rs.4,50,000/- for construction of shop. It has been pleaded that the plaintiff paid an amount of Rs.3,92,500/- to defendant No.1 on 02.12.2009 against a proper receipt, whereafter he con
Permanent injunction – A person cannot have benefit of protection order from Court when he has failed to prima facie establish his right to remain in possession of property.
Defendants have established their title and the plaintiff’s claim for title has been negatived though his possession was confirmed. When his possession is claimed by virtue of title set up by plainti....
Settled possession cannot be deemed unlawful solely due to resignation; eviction requires due process of law.
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
A trespasser cannot claim ownership based on unlawful possession; clear legal grounds for ownership must be established.
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
The concept of 'Due Process' and its application in property disputes, as well as the limitations of the court's powers under Article 227 of the Constitution of India.
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