MAHARAJ KRISHAN DASS Vs. STATE

JUDGEMENT

(1.) Dashnami Akhara Trust, Srinagar (hereinafter referred to as "Trust") owns a huge complex which contains number of shops and offices. One of the shops was given on rent to the father of petitioner no.1 who was running a Chemist Shop under the name and style of M/s Janki Nath Dass and Co.

(2.) The eruption of militancy in 1990 and its distress consequence led to migration of the members of the minority community out of Kashmir Valley. The petitioners being members of the said community also moved to Jammu and got themselves registered as migrants. To take counter measure to curb militancy, a bunker was installed in front of the shop of the petitioner no.1 as a result of which ingress and egress inside the shop stood blocked. The business in the shop absolutely got standstill as removal of bunker was not found proper due to security reasons.

(3.) It seems that shop in question was handed over to respondent no.4 by respondent no.5. It further reveals that the respondent no.4 was inducted into shop as tenant after illegally breaking open the shop which was in possession of the petitioners. On coming to know of this fact on 08.01.1997, an FIR No.08/1997 dated 14.01.1997 came to be lodged in Police Station, Maisuma. On this FIR being lodged, a report was called from the concerned Police Station. The report submitted by the SHO concerned indicates that the shop was leased out by respondent no.5 to the father of petitioner no.1 in the year 1961. The report also suggests that BSF authorities contacted management of the Trust and asked them to remove the expired medicines from the shop as the same could be dangerous in case of any explosion near the Trust building. On this, locks were broken by the management of the Trust and after destroying the expired medicines, the possession of the said shop i.e. shop No.16 was handed over to one Manzoor Narwari son of Ali Mohmad Narwari resident of Natipora, Srinagar (respondent no.4 herein) as tenant with an agreement to enter into a rent deed.