JUDGMENT :

SANJAY DHAR, J.

1. According to the petitioner a building known as “Sukh Niwas” situated at Rajbagh, Srinagar, along with land measuring 04 kanals underneath and appurtenant thereto belonging to one late Col. Sukhdev Singh Samyal, was taken on rent by the respondents way back in the year 1968 on monthly rent of Rs. 900/- which was later on enhanced to Rs. 1500/- per month. Upon death of Col. Sukhdev Singh, his widow Smt. Chain Devi was declared legal heir of the deceased with respect to the aforesaid property and was she appointed her two sons, namely, Randeep Singh Samyal and Jagdeep Singh Samyal as her attorneys to look after the property and to receive rent on her behalf in equal proportions. The above named two persons received the rent of the building up to November 1989/March, 1991 @ Rs. 1500/- which was divided amongst the aforesaid persons in equal proportion. After the death of above named two persons, the rent was withheld by the respondents.

2. It is further averred that upon death of Randeep Singh and Jagdeep Singh, Smt. Sita Devi daughter-in-law of late Col. Sukhdev Singh Samyal was given the right to hold the property in question in terms of Government Order N