SUBASH CHANDER Vs. SHRI MATA VAISHNO DEVI SHRINE BOARD, KATRA
LAWS(J&K)-2006-12-29
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 01,2006

SUBASH CHANDER Appellant
VERSUS
Shri Mata Vaishno Devi Shrine Board, Katra Respondents

JUDGEMENT

- (1.) THIS Civil 1st Miscellaneous Appeal is directed against the order of Additional District Judge, Reasi, dated 23.09.2006 in file No. 17/m titled 'Subash Chander v. Mata Vaishno Devi Shrine Board.
(2.) THE brief facts relevant for the disposal of this appeal are that the respondent owns a shop near Pacci Chabeel Katra enroute to Mata Vaishno Devi. The appellant alleges that the shop was let out to him at a monthly rent of Rs.25,820.50 during the year 1977 -78 by the predecessor -in -interest of the respondent namely Dharmarth Trust, Jammu. He alleges that the Dharmarth Trust permitted him to Extend and construct the suit shop by enhancing the annual rent to Rs. 29,500/ - w.e.f. 15.09.1979. His grievance is that though he continues to run the shop since the year 1978, the respondent is bent upon him to eject him from the suit shop. He alleges that he continued to pay the rent to the Dharmarth Trust upto 1986 and onwards to the respondent upto 1996 at the agreed rate of Rs. 29,500/ - per year, but thereafter he could not pay the rent because he was out of possession of the shop and was not receiving anything from Narayan Dutt, the occupant of the shop because of some litigation. When he got the possession of the shop from Narayan Dutt, he applied to the respondent to settle the installments for payment of arrears of rent. Total rent from 1996 to September, 2005 was calculated as Rs. 2,88,802/ -, for which four installments were fixed. The appellant issued four cheques to the respondent bearing Nos. 362217, 362218, 362219 and 362220 dated 01.12.2002, 01.03.2003, 01.06.2003 and 01.09.2003 respectively, each for rupees 72,200.50/ -. The respondent, according to the appellant, encashed two cheques dated 01.12.2002 & 01.03.2003, but the other two cheques dated 01.06.2003 & 01.09.2003 were not encashed.
(3.) THE appellant further alleges that on 22.06.2003, some employees of the respondent came on the suit shop with labourer and started throwing out the goods lying in the shop, which action was resisted by the people and the other neighbourers of the appellant. A F.I.R. was lodged in this behalf with Police Station, Katra, on 23.06.2003 against the officials of the respondent under Sections 452 & 427 RPC for forcibly trespassing into the shop of the appellant and causing damage in the shop. Appellant also filed a civil suit in the Court of Additional District Judge, Reasi, on 18.07.2003, for permanent prohibitory injunction restraining the respondent from evicting the appellant from the suit shop forcibly without adopting due course of law. An interim injunction to maintain status quo with respect to suit shop was issued in his favour. The Court below, after hearing the arguments of the parties, dismissed the application for interim relief and vacated the order of status quo vide order dated 23.09.2006. The appellant is aggrieved of the dismissal of the application for interim relief by the Trial Court and vacation of order of status -quo on various grounds, inter alia, that the Trial Court has not appreciated the controversy arising in the case and has dismissed the application in the most perfunctory manner.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.