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1978 Supreme(J&K) 24

I.K.KOTWAL
Haji Shaban Dar – Appellant
Versus
Financial Commissioner – Respondent


Advocates Appeared:
Advocate For Appellant: K.N. Raina
Advocate For Respondent: S.K. Chaku
Advocate For Respondent: A.K. Malik

1. Respondents 2 to 4, who are the owners of a piece of land, filed an application under sections 46. 47 (i) (b) and 48 (2) of the Jammu and Kashmir Tenancy Act (hereinafter referred to as the Tenancy Act), against the petitioners seeking ejectment of the latter, on the ground that they were tenants-at-will, who could not have even otherwise acquired the status of protected tenants, as the land was situated within the limits of Notified Area, Srinagar. This application was resisted by the petitioners, inter alia on the grounds that they had acquired protected tenancy rights in respect of the land long before the same was brought within the limits of Notified Area, Srinagar, and that they had effected improvements by planting fruit bearing trees on it and also reduced it into vegetable growing which otherwise was a barren piece of land. The Assistant Commissioner, before whom the application was filed, dismissed the same, holding that the petitioners were protected tenants qua the land, and were, as such, not liable to ejectment. An appeal was later on taken up by the respondents to the Collector against the aforesaid order of the Assistant Commissioner, but here too they did not s


















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