TARIQ PARVEZ KRAIPAK Vs. RAJINDER SINGH JAMWAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 28.03.2016 passed by the learned 2nd Additional Munsiff, Jammu in a civil suit File No.485/2008/Civil filed by the plaintiff-Dr. Tariq Parvez Kraipak (petitioner herein). The suit was filed on 03.03.2008 for permanent prohibitory injunction restraining the defendant-Rajinder Singh, his servants, agents and representatives from interfering the land measuring 90' X 60' comprising Khasra No.635, Khewat No.12 and Khata No.435 owned and possessed by the plaintiff situated in Lane No.9, Greater Kailash Sunjwan, Jammu.

(2.) The suit has been filed on the basis of the Sale Deed executed by one Raj Kumar on 02.05.1998 and registered by the Sub-Registrar, Munsiff, Jammu on 23.05.1998.

(3.) Though the defendant was set ex-parte on 25.02.2009 and the plaintiff was directed to produce ex-parte evidence but the suit remained pending for the reasons indicated in the minutes of proceedings till the application under Order-1-Rule-10 CPC was filed on 24.07.2014 on behalf of Sushma Jamwal, wife of defendant- Rajinder Singh Jamwal for being impleaded as party defendant on the ground that she holds permanent leasehold rights in the suit land as she is in possession of two plots measuring 02 Kanals i.e., 90' X 60' and 90' X 60' each on the basis of Lease Deed dated 10.11.1996 registered by the learned Sub-Registrar, Munsiff, Jammu for a period of 90 years.