JIA LAL KAK Vs. MOHAN LAL KAK

JUDGEMENT

(1.) THIS is a revision under S. 115 of the Code of Civil Procedure against the order of the City Munsiff Srinagar dismissing the suit of the petitioner -plaintiff under S. 9 of the Specific Relief Act.

(2.) THE case of the plaintiff was that he was in exclusive possession of a plot of land on which was erected a shed. During his absence, the defendant -respondent pulled down a portion of the shed and took wrongful possession of a portion of the land. As he was thus wrongfully dispossessed, he laid the suit under S. 9 of the Specific Relief Act.

(3.) THE material pleas set up in defence were