AMMA SHAH Vs. ISMAIL SHAH

JUDGEMENT

(1.) THIS appeal arises out of a miscellaneous order dated 24 -5 -1971 of the learned Additional District Judge, Srinagar, allowing the application of the plaintiff to restrain the defen ­dants from interfering in the possession of the plaintiff in the suit property.

(2.) ISMAIL Shah plaintiff has brought a suit for declaration against the defendants to the effect that the suit land as des ­cribed in the plaint is in his possession as a full -fledged owner, but the defendants are trying and threatening to dispossess him forcibly from the said land. Simultaneously with the suit he moved an application for an interim injunction restraining the defendants from interfering in his possession over the suit property. The learned Judge issued a notice to the defendants and after hearing the arguments passed the impugned order.

(3.) THE short point taken by Mr. G. Mohd. Ali counsel for the appellants is that the court below could not pass an order of temporary injunction in a suit for declaration simpliciter unless the plaintiff made a prayer for consequential relief as well. In support of the proposition enunciated by him he has relied upon A. I. R. 1960 All. 252, A. I. R. 1946 Nagpur 428, A. I. R. 1962 Manipur 18, A. I. R. 1952 Pepsu 118, A. I. R. 1923 Patna 133 and A. I. R. 1963 Punjab 104. It is submitted that the plain ­tiff has not claimed any relief for perpetual injunction in the suit therefore he is not entitled to an interim relief for an ad -interim injunction. Also the suit of the plaintiff in the present form is not maintainable.