news details |
|
|
| Petition filed on mere apprehensions dismissed | | | EARLY TIMES REPORT
JAMMU, Nov 22: Dismissing the petition filed by Puskhar Nath Koul, co-sharer of two houses located at 16 Zaindar Mohalla Srinagar, Justice JP Singh of J&K High Court Jammu Wing observed that the petition has been filed on mere apprehensions which would not in the opinion of Court, provide him in any cause of action to maintain his petition, which even otherwise is misconceived.
The dispute raised by the petitioner is pure and simple dispute inter-se co-sharers of the migrant property determination and resolution whereof is not contemplated by any of the provisions of the Act, which are intended to preserve, protect, guard against distress sale of the immovable property of the migrants, Justice Singh further observed. Petitioner has not raised any such complaint in the petition which may require invoking the provisions of the J&K Migrants Immovable Property (Preservation, Protection and Restrain on distress sales) Act 1997. No case for admission of the petitioner has thus been made by as such the petition is dismissed, the Court ordered.
Petitioner claiming to be co-sharer of the two houses situated at 16-Zainder Mohalla Habbakadal, Srinagar, sought issuance of direction to the respondents to cause eviction of any occupant of any part of the property and not to accord permission for sale of property in parts or in the name of individual co-sharers. The petitioner submitted that Gopi Nath Razdan and Mahraj Krishan Razdan the other co-sharers of the property in question had executed a power of attorney with respect to their 35% share of the four storied house in favour of Mir Shafiq Ahmed and were in the process of inducting him in possession of part of house and this arrangement of the said two respondents was designed to defeat the provisions of the J&K Migrant immovable property (Preservation, Protection and Restrain on distress sales) Act 1997 and the official respondents were required to be restrained from grating permission to said two respondents for sale of the property. JNF |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
