ASHRAF KHAN Vs. SHADI KHAN

JUDGEMENT

(1.) The present petition is one under Section 115 of the Civil Procedure Code against the judgment and order passed by learned District Judge, Poonch dated 23.1.2012 whereby the appeal of the petitioner has been rejected and the order passed by learned Sub Judge, Surankote dated 29th of July, 2010, dismissing the application for temporary injunction, has been upheld. The main plea of the appellant before the court below was that the land falling under khasra No. 71 situate at village Buffliaz was not partitioned by meets and bounds and, therefore, the Lease Deed dated 13.3.1997 executed by respondent No. 1 in favour of respondent No. 2 in respect of land measuring 3 kanals out of khasra No. 71 was illegal.

(2.) The learned Sub Judge, Surankote, by virtue of order dated 8th of January, 2010 ordered maintenance of status quo regarding the suit property. However, subsequently, by virtue of order dated 29th of July, 2010, the said order was vacated and the application for interim injunction dismissed. It was against this order that an appeal was preferred before the learned District Judge, Poonch, which came to be dismissed by virtue of the order impugned dated 23rd of Jan, 2012, upholding the order passed by the court below.

(3.) Heard learned counsel for the parties.