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2002 Supreme(J&K) 308

V.K.JHANJI, MUZAFFAR JAN, T.S.DOABIA
State Of J. &K. – Appellant
Versus
Susheela Sawhney (Dr. ) – Respondent


Advocates Appeared:
Advocate For Appellant: P. Kohli
Advocate For Appellant: U.K. Jalali
Advocate For Appellant: K.S. Johal
Advocate For Appellant: D.S. Thakur
Advocate For Appellant: D.S. Chouhan
Advocate For Appellant: K.N. Bhat
Advocate For Appellant: S.S. Lehar
Advocate For Respondent: M.A. Goni
Advocate For Respondent: Z.A. Shah

PER V.K. JHANJI, J

1. The Reference to the Full Bench is :

“Whether the daughter of a permanent resident of the state of Jammu & Kashmir marrying a Non Permanent resident loses her status as a permanent resident of the State of Jammu & Kashmir, to hold , inherit and acquire immovable property in the state ? ”

2. In fact the loss or absence of status as a permanent resident of the state of Jammu & Kashmir dis-entitles a person not only in respect of acquisition of immovable property in the state, but also in respect of employment in the state and the right to scholarship and such other forms of aid as the State Government may provide. The issue, therefore, is :

“ Whether the daughter of a permanent resident of State of Jammu & Kashmir losses her status as a permanent resident of the state of Jammu & Kashmir on her marriage with a person, who is not a permanent resident of the State of Jammu & Kashmir ? ”

3. For proper understanding of the issue, it is expedient to notice the facts of each case, which have given rise to the reference for the constitution of Full Bench.

LPA (sw) No. 27/89 C/w LPA (ow) No. 24/79, State of Jammu & Kashmir Vs. Dr. Susheela sawhney and Dr. Ravinder Maadan V








































































































































































































































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