KANTA WAZIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant Letters Patent Appeal is directed against the judgment dated 29.01.2021, passed by learned Writ Court in WP(C) No.1568/2020 titled Kanta Wazir v. Union of India and another, whereby the writ petition of the appellant (hereinafter referred to as the writ petitioner) has been dismissed.

(2.) Before coming to the issues involved in this appeal, let us give a brief background of the facts leading to the filing of the appeal.

(3.) Land measuring 15 kanals, 2 marlas and 1361/2 sqft. Falling under survey No.16 Badami Bagh Cantonment known as "Nalanda House" was leased out by the Government of Jammu and Kashmir in favour of original lessee, namely, Shri K. N. Raina on 25.10.1920. It appears that vide sale deed dated 30.01.1958, the original lessee, Shri K. N. Raina, sold this property through his power of attorney holder, to Shri T. C. Wazir, the father-in-law of the writ petitioner. This transfer of lease hold rights was backed by the sanction of respondents in terms of letter No.11203-L/LNC/60/3627/L/D(C & L) Government of India, Ministry of Defence, New Delhi, dated 05.07.1962. Thus, father-in-law of the writ petitioner, by virtue of the aforesaid transfer, stepped into the shoes of original lessee and became a lessee of the respondents in relation to the aforesaid premises.