LAWS(J&K)-2019-5-1

BALDEV SINGH Vs. RANDEEP SINGH

Decided On May 01, 2019
BALDEV SINGH Appellant
V/S
RANDEEP SINGH Respondents

JUDGEMENT

(1.) The present petition has been filed invoking supervisory jurisdiction of this Court under Section 104 of the Constitution of Jammu and Kashmir against the order dated 18.04.2018, passed by the 2 nd Additional District Judge, Jammu. The appellate court by virtue of the order impugned has directed maintenance of status quo in regard to the possession and in regard to the nature of the suit property.

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

(3.) A civil suit for permanent prohibitory injunction came to be filed by the respondent, seeking injunction against the defendant/petitioner herein, restraining him from causing any interference in his peaceful possession over the suit land measuring 2 kanals falling under Khasra Nos. 179 min, 805/180 min 186 min, Khata No. 32, 28 and Khewat No. 4 min, situated at Gole Pulli, Talab Tillo, Jammu. The petitioner claimed that he was in possession of the said land by virtue of an agreement to sell dated 18.02.2016 executed by the owner Gian Chand in his favour after receiving the entire consideration amount of Rs. 30 lakhs. The plaintiff also claimed that he was put in possession upon receipt of the consideration amount.