PEER GHULAM MUSTAFA SHAH Vs. MANZOOR AHMAD MALIK

JUDGEMENT

(1.) This Civil Second Appeal is against and seeking setting-aside of judgement and decree dated 29th November 2018, passed by Principal District Judge, Kulgam (for short '1st Appellate Court') and upholding of judgement and decree dated 28th February 2018, passed by Sub Judge, Kulgam (Trial Court 'for short') on the grounds contained therein.

(2.) Perusal of record on file reveals that on 26th June 2003, plaintiff - respondent no.1 herein, filed a Suit for permanent prohibitory injunction before the Trial Court, stating therein that he purchased land measuring 01 Kanal 07 Marlas falling under Survey no.397 min situated at Nagam Tehsil Kulgam (for brevity 'suit property'), from defendant no.4 - appellant herein and in this connection a sale agreement was also executed and that he had been in possession of suit property for thirty years. Over suit land, plaintiff claimed to have constructed a cowshed and a Kothar. However, defendants were alleged to have been causing interference in and trying to dispossess plaintiff from suit property and, therefore, he filed the suit before the Trial Court praying for grant of decree for permanent prohibitory injunction restraining defendants from causing any interference over the suit property. Defendants, including appellant appeared before Trial Court, and filed written statement.

(3.) The Trial Court in view of the pleadings of the parties, on 21st June 2006, framed following issues for adjudication of the case: