(1.) The subject matter of dispute between the parties to this Writ Petition pertains to land situated at Upper Gumat Bazar, Jammu over which Shop No. 1123 has been constructed. The land belonged to the Nazool Department of the State Government. Sunder Dass was a tenant in the Shop at a monthly rent of Rs. 4.25 paisa under Sadhu Ram, the Wasidarlease holder of the Nazool Department. Sadhu Ram sold the Shop to Bishan Dass, the petitioner's husband, for a consideration of Rs. 8000/- vide Sale Deed registered on 07.07.1966. Bishan Dass thereafter approached the Nazool Department seeking transfer of the Lease Hold Rights of Sadhu Ram in his favour.
(2.) The Deputy Commissioner, Jammu, recommended the transfer of Lease Hold Rights in favour of Sunder Dass-tenant as he had agreed to pay Rs. 8000/- to Bishan Dass who had purchased the Shop from Sadhu Ram, Wasidar, paying him this amount.
(3.) The matter was pending consideration with the Government, when, in the meanwhile, Bishan Dass expired in the year 1970.