RAVINDER KUMAR KOUL Vs. STATE TH. DIV. COMM. SRINAGAR
LAWS(J&K)-2020-2-64
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 17,2020

Ravinder Kumar Koul Appellant
VERSUS
State Th. Div. Comm. Srinagar Respondents

JUDGEMENT

Ali Mohammad Magrey,J. - (1.)The petitioners in the instant writ petition prayed for the following reliefs:-
'1. To command the respondent No.1 (hereinafter called Divisional Commissioner, Srinagar) not to grant any permission of sale regarding the suit property falling under Khewat No. 5 Khata No. 9 falling under survey No. 552 measuring 6 Kanals and 4 Marlas, Survey No. 567/1 measuring 1 Kanal 6 Marlas, survey No. 632 measuring 6 Kanals 12 Marlas, survey No. 74 measuring 26 Kanals 16 Marlas, Survey No. 405 measuring 10 Kanals ( Abi Awal). Khewat No. 6 Khata No. 11 Measuring 3 Kanals 3 Marlas falling under survey No. 507 (Abi Awal), 3 Kanals 4 Marlas ( Bagh Abi) in survey NO. 567, 13 Kanals 12 Marlas (Abi Awal) falling in Survey No. 609, 9 Kanals ( Bagh Abi) falling under survey No. 628, 18 Kanals 14 Marlas ( Bagh Awal) falling under Survey No. 566, 7 Kanals 11 Marlas falling under survey No. 467/1. Khewat No.5 Khata No. 17. 3 Kanals 4 Marlas falling under survey No. 552/3, 5 Marlas under survey No. 466/1, 13 Marlas under survey No. 567/1, 3 marlas under survey No. 632, 13 Kanals under survey No. 73, 5 Kanals under survey No. 305, 1 Kanal 10 Marlas under survey No. 507, 1 Kanal 11 Marlas under survey No. 567, 6 Kanals 13 Marlas under survey No. 609 and 4 Kanals 8 Marlas under survey No. 628 situated at Murand Dharbagh, Harwan, Tehsil North Hazratbal, District Srinagar on the basis of sale document which have been executed by one of the shareholder without the consent of the petitioners in favour of unknown and undisclosed persons with a simple motive to grab the share of the petitioners which they have inherited after the death of their mother.

(2.)With a further prayer to command the respondent No. 4 (hereinafter called the Deputy Commissioner, Srinagar) to evict the illegal, forcible, unauthorized occupants under Section 4 and 5 of the Jammu and Kashmir Migrants Immovable Property (Preservation, Protection and Restraint on Distress Act) 1997 regarding the part of the suit property which is shared by the petitioners falling under Falling under survey No. 552 measuring 6 Kanals and 4 Marlas, survey No. 567/1 measuring 1 Kanal 6 Marlas, survey No. 632 measuring 6 Kanals 12 Marlas, survey No. 74 measuring 26 Kanals 16 Marlas, survey No. 405 measuring 10 Kanals (Abi Awal). Khewat No. 6 Khata No.11 Measuring 3 Kanals 3 Marlas falling under survey No. 507 (Abi Awal), 3 Kanals 4 Marlas (Bagh Abi) in survey No. 567, 13 Kanals 12 Marlas (Abi Awal) falling in survey No. 609, 9 Kanals (Bagh Abi) falling under Survey No. 628, 18 Kanals 14 Marlas ( Bagh Awal) fallilng under survey NO. 566, 7 Kanals 11 Marlas falling under survey No. 467/1. Khewat No. 5 Khata No. 17 3 Kanals 4 Marlas falling under survey No. 552/3, 5 Marlas , 5 Marlas under survey No. 466/1, 13 Marlas under survey No. 567/1, 3 Marlas under survey No. 632, 13 Kanals under survey No. 73, 5 Kanals under survey No. 305, 1 Kanal 10 Marlas under survey No. 507, 1 Kanal 11 Marlas under survey No. 567, 6 Kanals 13 Marlas under survey No. 609 and 4 Kanals 8 Marlas under survey No. 628 situated at Murund Dharbagh, Harvan Tehsil North Hazratbal, District Srinagar which is absolutely and exclusively possessed jointly by the petitioners and their shareholders as has been verified by the Revenue Authorities after spot verification and the suit property is joint and unpartitioned. And take the custody of alleged suit property by exercising powers under Jammu and Kashmir Migrants Immovable Property (Preservation, Protection and Restraint on Distress Sales Act) 1997 and rules framed thereunder being the custodian of the migrant property to take the custody of the suit property as mentioned herein above from unauthorized, forcible and illegal occupants and hand over the possession of the suit property to petitioners.
And also recover the usufruct of the suit property as mentioned above along with interest under Section 13 of Migrant Act from illegal occupants who are illegally and unauthorizedly using the suit property without consent of petitioners from the date they have occupied the suit property and be paid to the petitioners.

(3.)To command the respondent No. 6 (hereinafter called the Tehsildar North Hazratbal, Srinagar) to ensure not to change the ownership rights of the petitioners.
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