MOHAMMAD JABBAR Vs. FAYAZ AHMAD KHANDAY & ORS

JUDGEMENT

(1.) Petitioner, Mohammad Jabbar had filed a suit for Permanent Prohibitory Injunction restraining the respondents from interfering in his possession over a Shopping Complex measuring 80' x 52' constructed over land comprised in Survey Nos. 2474 (04 marlas), 2475 (03 marlas), 4619/2476(12 marlas) 4243/2472 (01 kanal-12 marlas), situated at Janglat Mandi, Anantnag, pleading that he was the absolute owner of the parcels of land over which the Shopping Complex had been constructed and that a cloud on his rights had been cast by the denial of respondents-defendants of his title to the property, which is stated to be in his possession since decades, in the Court of Munsiff, Anantnag along with an application seeking injunctive directions against the respondents from interfering into his possession over the Shopping Complex.

(2.) Responding to the suit, respondent nos. 1 to 4 filed their written statement maintaining a Counter Claim as well, seeking declaration to the effect that they were entitled to re-enter Shops bearing Nos. 1,2,8 and 9, which had been re-constructed in the Shopping Complex, besides claiming restoration of the possession of the Shops and seeking restraint directions against the petitioner and respondent Nos. 5 to 8 from creating any interest therein.

(3.) They had also filed application seeking injunctive directions against the petitioner and respondent nos. 5 to 8 from inducting anyone else as tenants in the Shops as also a temporary mandatory injunction permitting them to use and occupy the Shops during the pendency of the suit.