LAWS(J&K)-2010-10-10

KAMLESH Vs. KULDEEP KUMAR

Decided On October 22, 2010
KAMLESH Appellant
V/S
KULDEEP KUMAR Respondents

JUDGEMENT

(1.) One Inderjeet Singh was granted lease-hold rights of plot Nos. 32 and 33, over which two shops Nos. 1142 and 1143 were constructed. The power of attorney holder of the said land Smt. Chand Kour sold the shops to respondent Nos. 1 & 2, for which Sale Deed was executed in their favour. The said sale deed was executed in violation of the provisions of Section 12-A of the Land Grant Act. As a result of which lease in favour of the Inderjeet Singh was determined and the same was resumed. The resumption order was passed by the Government on 06.03.1975.

(2.) The present appellants had taken the said shops on rent from the respondents. After the land was resumed, eviction proceedings in terms of Public Premises (Eviction of Unauthorized Occupants) Act were initiated against the present appellants being the unauthorized occupants of the property in question. The appellants approached the Government for regularization of their possession over the shops and for grant of proprietary rights. The plea of the appellants was accepted by the Government and the proprietary rights were confirmed on them vide Government Order No. Rev (NDJ) 138 of 1979 dated 19.6.1979 on payment of price of the shops. The appellants complied with the said order by paying the price and became the absolute owner of the shops. This order became subject matter of challenge before the J&K Special Tribunal. The learned Tribunal allowed the review petition filed by the respondent Nos. 1 & 2 to the extent of shop No. 1142 and maintained the order dated 04.06.1987 in respect of shop No. 1143.

(3.) The order passed by the learned Tribunal was challenged before this Court, who set aside the order of learned Tribunal by holding that it has no jurisdiction to hear the review petition, however, granted liberty to respondents to challenge the same before an appropriate forum.