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| HC directs DM Srinagar to handover Shop to migrant petitioner | | | Early Times Report
Jammu, May 1: Migrant Struggling for restoration of possession of rental shop which was in their possession from 1961, was allotted to private respondent in absence of migrant, State High Court came to the rescue of migrant has directed District Magistrate Srinagar to remove private respondent, an unauthorized occupant of the shop No 16 in the building Dashnami Akhada Trust Srinagar and hand over the possession of the same to the petitioners.
In a petition filed, by Maharaj Krishan Dass son of Janki Nath Dass and Sheela Dass widow of Bansi Lal Dass presently migrants have submitted that one of the shop of Dashnami Akhada Trust Srinagar was given on rent to the father of petitioner No 1 in the year 1961 who was running a chemist shop.
The eruption of militancy in 1990 and its distress consequence led to migration of the members of the minority community out of Kashmir Valley. The petitioners being members of the minority community also moved to Jammu and got themselves registered as migrants.
Shop was handed over to one Manzoor Ahmed Narwari by the manager of Trust as tenant. It further reveals that Manzoor Ahmed Narwari was inducted into shop as tenant after illegally breaking. On coming to know of this fact on January 8, 1997 an FIR came to be lodged in P/S Muisoma. On this FIR a report was called from the concerned police station. The report submitted by the SHO concerned indicates that the shop was leased out by the Trust to the father of petitioner in the year 1961. The possession of the said shop after broken by the lock by the Trust handed over to one Manzoor Narwari son of Ali Mohd Narwari of Natipora, Srinagar as tenant with an agreement to enter into a rent deed. Feeling aggrieved of this petitioner approached the District Magistrate Srinagar by filling an application for eviction unauthorized occupation of said shop in terms of sections 4&5 of the J&K Migrants Immovable (preservation, protection and restraint on distress sales) Act 1997.
In the approved for reporting judgment Justice Sunil Hali after hearing Adv Virender Bhat appearing for the petitioners whereas AAG AH Qazi appeared for State and District Magistrate, Sr. AAG SC Gupta appeared for Supt of Police Srinagar, Sr. Adv DC Raina with Adv Vishal Magotra appeared for the private respondent observed that it is not in dispute that the petitioner was tenant of Trust.
He was dispossessed in the year 1996 without taking recourse to the provisions of the Houses & Shops Rent Control Act or transfer of property Act.
Even though the Act was not applicable at relevant point of time, since the J&K Migrants immovable (preservation, protection and restraint on distress sales) Act had come into force in 1997 before the period of limitation to filed Suit expired.
The petitioner could only seek remedy to approach the District Magistrate who has failed to appreciate this aspect. The order dated September 30, 2000 passed by the District Magistrate is quashed. Court declared Manzoor Ahmed Narwari an unauthorized of the occupant of the said shop in the building owned by Mahadev Gir Dashnami Akhada Trust Srinagar and is required to be dispossessed from it and also directed Magistrate Srinagar to remove Manzoor Ahmed Narwari who is unauthorized occupant of shop and handover the possession of the shop to the petitioners. ----JNF
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