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1974 Supreme(J&K) 91

MUFTI BAHA-UD-DIN FAROOQI
Sri Kanth Dhar – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: J.N. Bhan
Advocate For Respondent: A.K. Malik

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The suit was filed by the plaintiff against the Union of India for damages caused to his property during the period of lease by the Indian Army, alleging active negligence and misuse of the property (!) .

  2. The plaintiff claimed damages under various heads, including damages to the main house, demolition costs, and loss of value, totaling Rs. 47,590/- (!) .

  3. The defendant admitted the lease but denied causing any damages through negligence or omission (!) .

  4. The court examined whether the suit was based on breach of contract or on tort. It concluded that the suit was founded on tort because the occupier's duty to take care of the property arises independently of any contractual agreement (!) (!) .

  5. The court emphasized that the real basis of the claim is whether the defendant's acts constituted negligence causing damage, which qualifies as a tort, rather than a breach of contractual obligations (!) (!) .

  6. The issue of limitation was raised, with the court determining that the cause of action accrued around 1961, and the suit was filed in 1969, which is beyond the statutory limitation period of two years for tort claims under Article 36 of the Limitation Act (!) (!) .

  7. Evidence indicated that the plaintiff was aware of the damages as early as 1961, which further supports the conclusion that the suit was barred by limitation (!) .

  8. The court held that since the suit was based on tort and was filed beyond the limitation period, it was liable to be dismissed on that ground, rendering the need to decide on damages unnecessary (!) (!) .

  9. The court dismissed the suit without costs, considering it a technical failure rather than a substantive one (!) .

  10. The court clarified that the existence of a lease or license affects only the nature of occupation but does not alter the fundamental duty of care owed by the occupier, which is a tortious obligation (!) (!) .

These points encapsulate the core legal reasoning and findings from the document, focusing on the nature of the claim (tort vs. contract), the issue of limitation, and the court's final decision.


1. The plaintiff owned the premises known as Sri Niwas consisting of one Bungalow and ancillary land and structures at Baramulla. During the Tribal raids of -1947 he had to flee for safety to Srinagar and leave the premises unguarded. In his absence the Indian Army, which meanwhile arrived to resist the raiders occupied the building. Subsequently the Union of India entered into a lease agreement with the plaintiff in respect of these premises for a period of three years effective retrospectively from 1-4-1948. On the expiry of the period of lease the Union of India did not vacate the premises despite demand. The plaintiff instituted a suit for ejectment and obtained possession on 11-6-1968. Thereafter he filed the present suit for the recovery of a sum of Rs. 47,590/- on account of damages which, he alleges, were caused to the premises on account of the active negligence and misuse of the property by the Army. He has claimed damages under the following heads:

Damages caused to the main house   Rs. 28,400/-
Cost of material and damages caused on account of demolition of the kitchen and Servant Room   Rs. 12,100/-
The loss caused by demolition of the compound wall and the removal of ga



















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