GH. MOHD. SHORA Vs. MOHD. SHAFI

JUDGEMENT

(1.) A short legal point which emerges out of the proceedings is as to whether or not for every mode of transfer of Immovable property, a separate permission in terms of 2nd proviso of Section 3 of the J&K; Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 hereinafter called 'the Act' is required to be obtained.

(2.) THE respondent No. 1 who is the attorney holder of some migrants applied for permission in terms of Section 3 of the Act before the competent authority. The permission was not granted within the stipulated period of 15 days.

(3.) AGGRIEVED of the order of refusal dated 24.7.2000, an appeal was filed before Registrar Srinagar who set -aside the order and held that the parties could not be compelled or forced to execute a document of definite kind. However, very intricate point was raised by the Registrar that the application moved before the competent authority was for the execution of a sale and that the benefit of deeming provision could not cover the deed of relinquishment. The Registrar as such directed the petitioner to seek fresh permission. That part of the order of the Registrar dated 28.11.2000 is called in question before this Court.