KHALID HUSSAIN vs Mst — 2026 CLC 239 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2026 CLC 239 HIGH-COURT-AZAD-KASHMIR
Year: 2026
Reporter: CLC
Parties: KHALID HUSSAIN vs Mst
Subject matter: Civil
Provisions referred to: S. 56---S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHALID HUSSAIN VS Mst. SHAHEEN AKHTAR S. 56---Suit for permanent injunction---Existence of possession and threat of being dispossessed---Shamilat land, entitlement to---Scope---Plaintiff pleaded in his plaint that he along with proforma defendants were in possession of 20 kanals of Shamilat deh land of village, and the defendants were flexing their muscles to dispossess them from Shamilat land---Suit was concurrently dismissed---Validity---From the statements of witnesses produced by plaintiff as well as from the statement of attorney of plaintiff it had amply been substantiated without blemish that there was a threat of forcible dispossession of the plaintiff and proforma defendants by the defendants but the Court below wrongly observed that the plaintiff could not prove any threat on behalf of defendants to dispossess him---Though the plaintiff could not prove his claim to the extent of 20 kanals of land but his stance to the extent of 3 kanals and 4 marlas was endorsed by evidence---A villager of the deh who was in possession of Shamilat deh land could not be dispossessed without following due process of law and the Civil Court was fully competent to decree a suit for perpetual injunction regarding Shamilat deh land subject to legal partition of the land---High Court decreed the suit filed by plaintiff/appellant to the extent of 3 kanals and 4 marlas of Shamilat land which was in possession of plaintiff and proforma defendants---Appeal, filed by plaintiff, was allowed accordingly.

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