MANZOOR AHMAD BAKSHI Vs. PRAN NATH MAHALDAR
HIGH COURT OF JAMMU AND KASHMIR
Manzoor Ahmad Bakshi
Pran Nath Mahaldar
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MANSOOR AHMAD MIR, J. -
(1.) THIS revision petition is directed against the order dated 27th May, 2003 passed by Additional District Judge, Srinagar, in case titled as Pran Nath Mahaldar and Anr. v. Manzoor Ahmad Bakshi and Anr. which shall be hereinafter referred to as impugned order. Brief facts of the case:
(2.) A civil suit for perpetual injunction titled Pran Nath Mahaldar and Anr. v. Manzoor Ahmad Bakshi and Anr. came to be filed before this Court on 11th April, 1981 on the grounds taken in the plaint which can be aply and precisely enumerated as under:
That plaintiff No. 2 was tenant of defendants 1 and 2 i.e. son and father in respect of a flat in the first floor and godown in the ground floor. Plaintiff firm claimed protection in terms of the mandate of Jammu and Kashmir Houses and Shops Rent Control Act 1966 and had prayed for issuance of decree restraining the defendants perpetually from causing any kind of interference into the peaceful possession and enjoyment of the suit property in any manner.
(3.) IT appears that during the pendency of the suit, defendant No. 2 -Abdul Rashid Bakshi, died and an application came to be filed by the plaintiff for bringing on record the legal representatives of defendant No. 2. It came to be dismissed by Additional District Judge, Srinagar, vide order dated 30th March, 2002. However, learned Additional District Judge opined and observed that the effect of dismissal of the said application, would be decided after hearing the parties. After hearing the arguments the trial court -Additional District Judge, Srinagar, passed the impugned order.;
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