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2009 Supreme(J&K) 143

BARIN GHOSH, J.P.SINGH
Majid Ahmad Khan – Appellant
Versus
Satpal – Respondent


Advocates Appeared:
Advocate For Appellant: R.S. Thakur
Advocate For Appellant: H.A. Siddiqui
Advocate For Respondent: S.S. Lehar
Advocate For Respondent: A.H. Qazi

Barin Ghosh, CJ.

1. In this appeal, we are concerned with a land measuring 2 Kanals 1 marla under Khasra no.99 situate at Golod, Tehsil Mendhar. On September 26, 1987, by an order, on the recommendation of the Assistant Custodian (Tehsildar) Mendhar, the said land was leased out by the Custodian, Evacuee Property, Jammu, in favour of the appellant at a premium of Rs.100 and ground rent of Rs.26 per month for a period of one year in the first instance. No formal lease was executed. By an order dated February 22, 1989, lease of the said land in favour of the appellant was extended for a further period of 20 years by the Custodian General, when the premium was increased to Rs.5,000 per Kanal and the ground rent was increased to Rs.50 per kanal per annum, and certain conditions were imposed. Even thereafter, no lease was executed. Petitioner-respondent approached the Special Tribunal and expressed his grievance in regard to the said grant. Before the Special Tribunal, it was contended by the petitioner-respondent that he has some interest in the land in question and that before grant or extension of the lease, he was entitled to be heard. The Special Tribunal accepted such contention of












































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