1. The petitioner impugns an order purporting to have been passed by the District Magistrate, Srinagar under Jammu and Kashmir Migrants Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act of 1997 (hereinafter referred to as the Act) on 24.5.2005 directing eviction of illegal occupants of the building/land under survey no.489 min, situate at Magarmal Bagh, Srinagar, etc. and prays for quashment thereof, and protection of his possession.

2. Grounds pleaded in support of the prayer are that petitioner is the protected occupancy tenant of a part of the premises, commonly known as Nanda House since last three decades under a valid lease deed dated 23.9.1977, executed by owners of the house, who left the valley on 3.8.1989, appointing one Sham Lal Kapoor as their attorney to look after or dispose it of on their behalf, who on 5.8.1989, executed a fresh rent deed in his favour, and he continued to be in possession of the house while paying the rent etc. to the concerned. It is further pleaded, that on 25.6.2003, petitioner obtained a decree against the aforesaid attorney of the owner of the premises, when he tried forcible eviction, and despite that the impu

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