Mushtaq Ahmad Ganie vs UT of J&K - 2021 Supreme(J&K) 157

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 157

SANJAY DHAR
Mushtaq Ahmad Ganie – Appellant
Versus
UT of J&K – Respondent

Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Mubashir Gatoo, Advocate
For the Respondent(s) Nos.6 and 7:Mr. Mukhtar Ahmad Makroo, Advocate

Judgment

Sanjay Dhar, J.—The petitioners have challenged the order dated 26.12.2020, passed by District Magistrate, Shopian, respondent No.2 herein, whereby an order of eviction in terms of Section 5 of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (hereinafter referred to as the ‘Act of 1997’), has been passed against the petitioners. A further direction restraining respondent No.2 to 4 from acting upon aforesaid impugned order and from interfering in petitioners’ possession over the land measuring 04 kanals falling under Survey No.516/168 situated at Bongam, Shopian, has also been sought.

2. The case of the petitioners is that their predecessors-in-interest were cultivating land measuring 12 kanals and 05 marlas falling under survey No.169 and land measuring 04 kanals falling under Survey No.516/168 situated at Bongam, Shopian, as tenants from the times immemorial including in Kharif, 1971. The predecessors-in-interest of respondent No.7 to 9 are stated to be the owner/landlord of the aforesaid land. It is averred that so far as the land measuring 12 kanals and 05 marlas falling under Khasra No.169 is concerned

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