JOGINDER SINGH Vs. BACHITAR SINGH AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed in the supervisory jurisdiction of this Court under Section 104 of the Constitution of Jammu and Kashmir against the order passed in appeal preferred by the petitioner before the learned Second Additional District Judge, Jammu.

(2.) Briefly stated the material facts are as under :

(3.) A suit for permanent prohibitory injunction came to be preferred by the plaintiff-petitioner herein in regard to shop No. 4 situate at Nanak Nagar, Jammu with a view to restrain the defendants-respondents herein from interfering in the possession of the plaintiff, who claims to be a tenant in the said shop. The defendants-respondents herein, who were on caveat before the trial Court, in their response took a plea that the plaintiff, no doubt, earlier was a tenant in the shop in question, however, owning to the plaintiffs failure to discharge his rental obligation towards the defendants as also on account of his failure to clear his electricity bills with the Power Development Department had voluntarily handed over the possession of shop in question to defendant No. 1 about two months prior to the filing of the suit.