JAN MOHD. WANI Vs. FAROOQ AHMAD WANI

JUDGEMENT

(1.) The Respondent instituted civil original suit against the Petitioner which is pending trial on the file of learned Munsiff, Sub Registrar, Srinagar. The claim of the Respondent in the suit was that he is the tenant of Petitioner and prayed for passing of a decree of appropriate injunction restraining the Petitioner from dispossessing the Plaintiff from the suit property.

(2.) The written statement has been filed by the Petitioner in which stand is taken that in terms of agreement dated November 11, 2002 the Respondent-Plaintiff surrendered possession of the room to the Petitioner in the month of July, 2009 in lieu of arrears of rent for seven months which the Respondent-Plaintiff was not able to pay.

(3.) The learned trial Judge passed an ex parte interim order whereby the Petitioner was temporarily restrained from causing any sort of interference into the possession of the suit shop till next date of hearing.