Decided on January 14,2020

Managing Director, JAndK Housing Board Appellant


SANJEEV KUMAR,J. - (1.)This revision petition is directed against order dated 30.12.2013 passed by the Principal District Judge, Jammu in file No.71/Misc Appeal titled as Amarjeet Kour and another v. The Managing Director, J&K Housing Board and others, whereby order passed by the trial Court dated 11.10.2012 has been set aside and appeal of the respondents has been allowed. The appellate Court has restrained the appellants herein from interfering or evicting the respondents from the the suit property till final disposal of the case.
(2.)Briefly stated, the facts leading to the filing of this revision petition are: A suit for permanent prohibitory injunction came to be instituted by the respondents for restraining the petitioners from causing any interference or taking any step or initiating any proceedings for eviction of the respondents from the suit property comprising of two bedrooms, one lobby, one kitchen, one store, one toilet, two rooms with tin roofs constructed over plot No.25-A measuring 5 marlas-119 sqft comprising in Khasra No.70 min situated at Landoi Choi, Patwar Halqa Rakh Bahu, Tehsil Jammu Extension-IInd Gandhi Nagar, Jammu. The suit was filed by the respondents primarily on the ground that that they have purchased the suit property by way of a proper sale deed from one Parvinder Kour. Said Parvinder Kour, it is claimed, was in occupation of the suit property situated in Survey No.70 min Landoi Choi. The illegal colony that had come up in Landoi Choi was regularized by the Government in terms of Order No.88-UD of 2005 dated 18.03.2005. Said Parvinder Kour, when came to know that the land in occupation of different persons in the colony at Landoi Choi of Rakh Bahu has been regularized, she approached the Director, Land Management, Jammu Development Authority and applied for regularization. On the application of Parvinder Kour, the matter was enquired into by the JDA and it was found that the land covered by Survey No.70 min situated at Landoi Choi, Patwar halqa Rakh Bahu has not been transferred to the J&K Housing Board. On finding that the land is vested in JDA, the latter regularized the possession of Parvinder Kour over land measuring 5 marlas-119 sqft falling in Survey No.70 min. Said Parvinder Kour thereafter sold the suit property in favour of the respondents.
(3.)It is not in dispute that the respondents are in possession and the order of regularization of the land, subject matter of the suit, issued in favour of predecessor-in-interest of the respondents, namely, Parvinder Kour is intact and has not been set aside by any competent authority nor the sale deed executed by Parvinder Kour in favour of the respondents is under challenge before any competent forum. That being so, the respondents are prima facie entitled to hold possession till they are evicted therefrom in accordance with law.

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