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1978 Supreme(J&K) 78

MIAN JALAL-UD-DIN, A.S.ANAND, GH.MOHAMMAD MIR
Assistant Director Central Intelligence – Appellant
Versus
Th. Harnam Chand – Respondent


Advocates Appeared:
Advocate For Appellant: S.P. Vohra
Advocate For Respondent: K.N. Raina
Advocate For Respondent: S.T. Hussain

Per Honble the C. J.

1. This appeal came to be heard by one of us. An important question relating to interpretation of Sub-Section 3(i) of Section 1 of the Jammu and Kashmir Houses and Shop Rent Control Act, (hereinafter referred to as "The Act" was raised in the appeal. It was canvassed on behalf of the appeallant that admittedly the plaintiff claimed ejectment of the suit premises under Proviso (h) (i) to Section 11 (1) of the Act. The union of India could claim exemption from the operation of the Act under Sub-Section 3 (i) of Section 1 of the Act. It was submitted that the word "Government" occurring in Sub-Section 3(i) of Section 1 of the Act included the Union Government. To support this proposition of law, reliance was placed upon a decision of a Division Bench of this court in ease Union of India Versus Narain Singh and ors, reported as 1976 KLJ 33. In the aforesaid decision, the view has been expressed that the expression "Government" occurring in Cl. (i) of Sub-Section 3 of Section 1 of the Act, also means the Union of India.

2. On the other hand, another Division Bench of this court while deciding the case of L. Bhagwan Dass Mengi, versus Union of India, reported in A.I.R.















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