MUSHTAQ AHMAD DAR Vs. ALI MOHD RATHER

JUDGEMENT

(1.) THESE civil revisions are directed against the order of the learned District Judge Budgam dated 10.3.1991 confirming on appeal the order of Munsiff Chadoora permitting the petitioners to raise the construction in the shape of shops and keep two shops vacant for the respondent. The facts relevant for the disposal of this appeal are as under: - -

(2.) THE case of the respondent before the trial court was that he was the maternal uncle of the defendants. He is engaged in printing and binding business for the last more than 15 years. He was running a printing press at Chota Bazar Srinagar when in the year 1987 after obtaining No Objection Certificate from District Magistrate Budgam, he shifted the printing press from Chota Bazar Srinagar to Rambagh Payeen, Tehsil Chadoora. According to the respondent he installed the cutting and binding machine in the ground floor of the house owned by the petitioners on monthly rent of Rs.150/ -. In one of the shops he installed the machine and while as other shop were used by him for storage of the printing material and also used as office. According to him in terms of the internal arrangement shops were rented out to him by Mushtaq Ahmad Dar in the month of April 1987. According to the respondent, the petitioners without resorting to process of law forcibly demolished the building, he therefore prayed to the court for the following belief: - -

(3.) ALONG with the suit the respondent also moved an application for grant of interim relief with the following prayer: - -