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TASHI RABSTAN, PUNEET GUPTA
Manzoor Ahmad Narwari – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Tashi Rabstan, J.
1. This Letters Patent Appeal is directed against the judgment and order dated 23rd April 2010, passed by the learned Single Judge in a writ petition, being OWP No. 779/2002, titled as Maharaj Krishan Dass & Anr. v. State of J&K & Ors.
2. We have heard learned counsel for parties. We have gone through the impugned judgment, writ record and considered the matter.
3. Assailing the impugned judgment, Mr. Shah, learned senior counsel appearing for appellant has stated that appellant was put in possession by respondent no. 4, as tenant on 24th December, 1996 and, therefore, J&K Migrant Immoveable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (for short "Act of 1997") has no application to the case in hand. Besides, appellant's possession vis-a-vis shop in question is authorised and lawful as it has been given to him by its owner.
3.1. While dilating his submissions, learned senior counsel would contend that respondents 5&6 filed a writ petition claiming therein that Shop No. 16 at Budshah Chowk, Srinagar, stood rented out to them since 1961 and business in the shop was carried on under the name and style of Janki Dass and Company C
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.
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 the importance of fair conduct and clean hands in seeking the extraordinary remedy of a writ of certiorari, and the principle that a litigant canno....
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 ....
A statutory authority cannot revoke its own orders unless expressly permitted by the statute, and disputes regarding property title must be resolved in appropriate proceedings.
The court ruled that under the Jammu and Kashmir Migrant Immovable Property Act, surrendering possession is a precondition for filing an appeal against eviction, reflecting legislative intent in addr....
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