NAZIR AHMAD SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been submitted to review the judgment dated 27.5.1999 delivered in civil miscellaneous Appeal No. 103/96 by brother G.D Sharma, J.

(2.) RECORD reveals that a suit to declare the plaintiff -petitioner lessee of the portion of the premises in Shah cinema measuring 9780. sq. ft situated at Qamarwari, Srinagar, was filed against the Union of India, its functionaries, functioneries of the State Government and two private individuals, Nazir Ahmad and Abdul Qayoom. The petitioner also claimed compensation for loss suffered by him on account of his unauthorised eviction by security forces from the suit premises and, in alternative for further direction to the official respondents to acquire the property in accordance with law. Alongwith the suit an application for interim relief with the prayer that the official respondents should not pay any rent or compensation for the area measuring 9780 sq.ft. to any person, excepting the petitioner, was also filed before the trial court. The trial court considered the interim application on merits and, after hearing learned counsel for parties, passed the following order on 14.10.1995.

(3.) HEARD learned counsel for the parties at length.