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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAK H AT SRINAGAR
SANJEEV KUMAR, M.A.CHOWDHARY
Mst. Hamida Banoo – Appellant
Versus
Union Territory of J&K, through Commissioner/Secretary to Govt. – Respondent
JUDGMENT :
1. The petitioners are aggrieved of and have called in question an order bearing No.18DIVK of 2021 dated 23.04.2021 passed by Divisional Commissioner Kashmir, Srinagar to the extent and insofar as it directs that the entries made in the revenue record of land measuring 159 kanals 10 marlas and 192 sft. covered by Survey No.55 min situate in Estate Barzulla, which includes the land measuring 6 kanal and 10 marlas, as well, be expunged and the possession of the land be handed over to respondent No.7.
2. The case set up by the petitioners is that the grandfather of the petitioners, namely, Mian Mohammad Sultan was in possession of land measuring 8 kanals covered by Survey No.55 situate at Barzulla, Srinagar as tenant thereof. On his death in the year 1958, the said land came in possession of father of the petitioners, namely, Mian Abdul Rahim. In the year 1960, a revenue court, on an application of one Baba Girdhari Das, Mahant Mandir Raghu Nath Ji, passed a decree of eviction against the petitioners‟ father and others, which was challenged by them before the higher forums including this Court.
3. A suit also came to be filed by Mahant Baba Girdhari Das in the Court of City Mu
Protected tenants cannot be evicted without due process and adherence to principles of natural justice, as established under the J&K Tenancy Act.
The main legal point established is the rightful ownership of Deity land and the invalidity of mutations in favor of unauthorized parties.
The limited rights of a Mohtmim or Shehbit of an idol inside a temple and the need for proper management of temple lands and income.
The Inams Abolition Act grants occupancy rights solely to charitable institutions, establishing that properties classified as endowment lands do not vest individual ownership rights.
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