FARID AHMAD Vs. LIAQAT ALI

JUDGEMENT

(1.) THIS Civil Second Appeal being not maintainable, has been treated as a petition of revision. The facts of the case in brief are these. Land measuring 9 kanals 18 marlas comprising khasra No. 197 situated in village Chakka Tehsil Bhaderwah is recorded in the ownership and possession of the respondents, who are brothers. Out of this, 18 marlas have been transferred by respondent, Anyatullah in favour of the petitioner vide lease deed executed on 25 -05 -1995 and registered by the Sub -Registrar, Bhaderwah on 27 -05 -1995.

(2.) THE plaintiff, Liaqat Ali respondent herein, filed a suit for permanent injunction to restrain the appellant from interfering in the possession of the land on the basis of this lease deed, which according to him, is valid.

(3.) HE also applied for ad -interim injunction, restraining the appellant from interfering in with his possession on the basis of the lease deed. This application under order 39 of the Code of Civil Procedure was rejected by the learned trial court on 15 -12 -1997 by observing as under: -