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2003 Supreme(J&K) 248

MUZAFFAR JAN
Mohd. Jamal Khan – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: A. Manan
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: J.H. Reshi

The writ petition has been filed praying for direction to quash the order dated 24.04.1999 passed by respondent No. 3 and the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act, 1997, with further direction to confer proprietary rights on the petitioner and to restrain the respondents from causing any interference in the land involved in the litigation situated at Marinder Bagh, Harwan, Srinagar.

2. The main submissions made in the writ petition are that the petitioner is in un-interrupted possession of the land measuring 5 kanals and 12 Marlas in Survey No. 354, 358/352 situated at village Marinder Bagh. Harwan, Srinagar, as a tenant and is paying rent to the private respondents 5 to 9, who are resident of Residency Road, Srinagar and have not migrated and are not entitled to any protection under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. It is further submitted that the private respondents were not in actual possession of the said land but, on wrong facts, submitted an application dated 20.10.1998, before the Deputy Commissioner/Di



































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