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SANJAY DHAR
Tej Bahadur – Appellant
Versus
State of J&K – Respondent
ORDER :
1. The petitioner has challenged order dated 29.12.2011 passed by the Financial Commissioner (R) in an appeal under J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (hereinafter referred to as “the Act of 1997”). A further direction has been sought upon respondents No.15 to 18 to handover possession of the land measuring 3 kanals covered by Khasra Nos.964/884 and 745 Khewat Nos.485 and 496 situated at Damodar Karewa Tehsil and District Budgam.
2. Briefly stated, case of the petitioner is that he had purchased land measuring 03 kanals under Khasra No.2682/2563/885 Khewat No.485 by virtue of two sale deeds executed on 02.09.1988 and registered on 22.11.1988. Vide one sale deed, the petitioner had purchased 01 kanal 10 marlas from Malla Mohammad and vide another sale deed, he had purchased 10 marlas from Malla Ismail and 01 kanal from Malla Mohammad. It is case of the petitioner that Malla Mohammad, Malla Ismail and Malla Samad are sons of one Ahmad Malla who owned huge landed property in common Khewat Nos.485, 495, 550, 493, 490, 494, 502, 506 and 513. According to the petitioner the land under Khewat No.485 was in joint posses
The jurisdiction of the District Magistrate under the Act of 1997 is limited to protecting and preserving the immovable property belonging to migrants. The court emphasized that the District Magistra....
The District Magistrate has the authority to take possession of migrant property and evict unauthorized occupants under the Act of 1997.
Possession of migrant property without express consent and proper authorization is deemed unauthorized under the J&K Migrant Immovable Property Act.
The main legal point established in the judgment is that the District Magistrate must conduct a proper enquiry before issuing an eviction order under the Jammu and Kashmir Migrant Immovable Property ....
The main legal point established in the judgment is that the J&K Migrant Immovable Act, 1997, specifically Section 8, can bar a civil suit and lead to its dismissal under Order VII Rule 11(d) CPC.
The court established that agricultural land vested in the state under the J&K Agrarian Reforms Act cannot be claimed by former owners or tenants until the appropriate legal processes are completed, ....
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