JAMROZ KHAN vs SHUJAT KHAN S — 2024 CLC 381 HIGH-COURT-AZAD-KASHMIR

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JAMROZ KHAN VS SHUJAT KHAN S. 54---Suit for permanent injunction---Non-description of the suit-property---Scope and effect---Civil Court decreed the suit as prayed for, however, the Appellate Court disagreed with the findings of the Trial Court on the ground that the plaintiffs had failed to establish the description of the suit-property---Question was that as to whether the plaintiffs/appellant had succeeded to prove their stance raised in the plaint or not; and whether due to non-description of the suit-property, no effective decree of perpetual injunction could be granted---Held, that relevant Jamabandi, exhibited by the plaintiffs / appellants, showed that in the column of cultivation, the possession of plaintiffs / appellant and of proforma defendant/ respondent was recorded as purchaser, regarding a piece of land measuring 07 Marlas falling in relevant survey number; said survey number had an independent and separate identity---Such entry was also available in relevant Girdawri register and although the names of a few other persons were also recorded in said column, however, they admittedly appeared as seller/co-sharer in the Khewat but so far as question of possession was concerned, the said document spoke volume that plaintiffs/ appellants and proforma defendant/respondent were sole possessor of said survey numbers as purchasers/vendees and said position was even admitted by one of the defendant/ respondent---Moreover, the witnesses of the parties also corroborated the said version of the plaintiffs / appellants---Defendants/respondents admittedly claimed that they had purchased the suit-property from the disputed khewat, so the question of apprehension of interference in the light of evidence could not be ruled out---Appellate Court fell in error while evaluating the evidence adduced in the present case---High Court set aside the judgment and decree passed by the Appellate Court and restored the judgment passed by the Civil Court; consequently the suit filed by the plaintiff/appellant stood decreed---Appeal preferred by the plaintiff was allowed, in circumstances.

JAMROZ KHAN vs SHUJAT KHAN S — 2024 CLC 381 HIGH-COURT-AZAD-KASHMIR

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