TARIQ UMAR SHEIKH Vs. ZUBAIR KHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 23.11.2019, whereby the application for interim relief filed by the plaintiff/appellant has been dismissed.

(2.) Briefly stated, material facts are as under:

(3.) A suit for declaration was preferred by the plaintiff/appellant herein in the Court of Additional District Judge, Srinagar, in which it was asserted that the plaintiff was the owner in possession of a parcel of land measuring 1 Kanal and 10 Marlas, i.e., 1 Kanal 5 marlas falling under survey No. 1176/678 and 5 marlas falling under survey No. 1407/1116/679 situated in estate Bhaghat Burzulla. It was asserted that the property in question was described in the site plan and the revenue record annexed with the sale deed. The land in question was stated to have been purchased from one Mst. Rukhsana vide sale deed dated 11th September, 2009. It was further asserted that the vendor Mst. Rukhsana had purchased the said land from the defendant No. 2. It was alleged that the defendant No.1 had started interfering in the peaceful possession of the suit propriety and hence an interim injunction was sought restraining the defendants from interfering with the property in question.