YASH PAUL Vs. STATE OF J&K

JUDGEMENT

(1.) THE property in question situated at Village Rakh Paipur, Tehsil Jammu. This is now within the Municipal limits. This is known as Pul Par, Bikram Chowk, Jammu. This was allotted to Des Raj. He has since died. On this land a building was raised by Des Raj father of the petitioner. Des Raj has since died. He has left behind Yash Paul and Sat Paul. The Municipality Jammu has now allotted the shop measuring 60x 12 on the ground floor of the said building in favour of Sat Paul and Bansi Lal. The petitioner submits that this could not be done. It is submitted that so far as land is concerned, the ownership no doubt is with the Municipality Jammu, but so far as building is concerned, the ownership of this would be in favour of Des Raj, father of the petitioner.

(2.) THE concept of dual ownership came up for consideration of their Lordships of the Privy Council as early as in the year 1927 in Narayan Das Vs. JatindraNath, AIR 1927 pc 136, and their Lordships while pointing out distinction in the relevant law prevailing in England and this country approved the following observations of Sir Barnes Peacock in the case of Thakoor Chunderproamonick Vs. Ramdhone Bhuttacharjee, (1866) 6 Suth WR 228: - We have not been able to find in the laws or customs of this country any traces of the existence of an absolute rule of law that whatever is affixed to build on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself.

(3.) IN a still later case, that is, Vallabhdas Naranji Vs. Development Officer, Bandra, (1929) 56 Ind. App 259: AIR 1929 PC 163 the Privy Council once again referred to Sir Barness Peacocks observations as stated above. In this judgment the following observations of Couch C.J. in Narayan vs. Bholagir, (1869) 6 Bom. HCAC 80, were quoted with approval: - ... We cannot, however, apply to cases arising in India the doctrine of the English law as to buildings, viz, that they should belong to the owner of the land The only doctrine which we can apply is the doctrine established in India that the party so building on anothers land should be allowed to remove the materials.