SHEIKH ZAFFAR AHMED AND ANR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India read with Section 104 of the Constitution of Jammu and Kashmir for quashing the order dated 19.12.2018 passed by the Court of learned 2nd Additional District Judge, Jammu.

(2.) A Civil Suit for permanent prohibitory injunction came to be filed by plaintiff-respondent herein against the defendants/petitioners herein seeking prohibition from causing any interference with the physical possession over plot No. 473 situate at Sector D, Sainik Colony Jammu and the construction being raised upon the same. The plot in question was stated to have been allotted by the Sainik Housing Co-operative Society in favour of the father of the plaintiff in his capacity as an exserviceman in the year 1978. The Perpetual lease deed also appears to have been executed by the Society in favour of the plaintiff's father and registered in the Court of learned Munsiff (Sub Registrar), Jammu. It was stated that since the father of the plaintiff was an ex serviceman and had limited resources, no construction could be raised upon the plot in question and finally a Release Deed was executed in the year 2010 in favour of the plaintiff in regard to the plot in question.

(3.) The case set up was that the plaintiff/respondent herein after completing various formalities obtained permission from the Jammu Municipal Corporation and got the plan approved for raising a residential building. It was stated that the loan has also been obtained from the State Bank of India and the property mortgaged to secure the same. It was alleged that the defendants-petitioners herein are trying to interfere in the construction being raised.