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2009 Supreme(J&K) 112

MUZAFFAR HUSSAIN ATTAR
Gh. Nabi Najar – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: R.A. Jan
Advocate For Respondent: Z.A. Qureshi
Advocate For Respondent: N.H. Shah
Advocate For Respondent: Hashim Hussain

1. A hazy scenario about the conflicting factual claims has been put forth by the parties in the writ petition and the objections filed thereto. The writ court is called upon to adjudicate upon the facts which are not admitted but are disputed. This court is not powerless to enter into factual dispute, but as the writ petition can be decided on a pure question of law, so refrains to enter into factual thicket.

2. For appreciating the controversy claims are briefly stated:-

The petitioner claims to have purchased residential house including an outhouse known as "Geetanjili" located at Shivpora Srinagar. Petitioner claims that respondent No.9 acting through respondent No.8 & 10 negotiated deal for sale of the said house, which initially was rented out to the petitioner. The petitioner, thus, claims to be authorized occupant of the property, being in occupation and possession of the property with the consent of migrant owner. Respondent No.9, hereinafter, referred to, as owner, allegedly agreed to sell the property to the petitioner who was already in possession thereof in the capacity of a tenant, for an amount of Rs.6/- lacs. It is further alleged that out of the consideration amount










































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