Advocates:
['G A LONE', '', 'JAHANGIR IQBAL GANAI', 'SHEIKH OMAR', 'MUTAHAR AHMAD MAKHDOOMI', 'G Q BHAT', '', 'RIZWAN BHAT']

Page 1

CSA no.05/2013

HIGH COURT OF JAMMU &KASHMIR AND LADAKH

AT SRINAGAR

…

CSA no.05/2013

Reserved on: 26.04.2022

Pronounced on: 07.07.2022

Ghulam Mohammad Mir

…….Appeallant(s)

Through: Mr Mutahar A. Makhdoomi, Advocate

Versus

Mohammad Akbar Thoker

……Respondent(s)

Through: Mr Rizwan Bhat, Advocate

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. This is a Civil Second Appeal against judgement dated 11^th December

2012, passed by Principal District Judge, Anantnag (for brevity <1^st

Appellate Court=) in an Appeal titled Ghulam Mohammad Mir v.

Mohammad Akbar Thoker as also judgement and decree dated 17^th

September 2012, passed by Sub Judge, Anantnag (for short <Trial

Court=) and for setting aside the same.

2. It is the case of appellant that respondent is a resourceful person

having huge property in Anantnag, including a building having five

shops in its ground floor at Achabal Adda, Anantnag. The said

building is said to have been constructed by respondent after forcible

demolition of old building in 1998, depriving tenants, including

appellant from tenanted premises. It is stated that unlawful dem