NAWAB MANZOOR HUSSAIN Vs. STATE

JUDGEMENT

(1.) EIGHT kanals of land in survey Nos. 1317 and 1318 min situated at Rajbagh, Srinagar was leased by Government to one S.Baldev Singh Samyal in June 1937 for a period of 40 years. The lessor in possession of this land constructed a residential house on one portion of this land. The ground floor of the house is on rent with Gulmarg Winter Sports Project. The lessor S. Baldev Singh died in 1982. Thereafter lease was not renewed. Deceased lessee S. Baldev Singh was survived by his widow, Kuldeep Singh and Jagdeep Singh and by some other daughters whose particulars are not given. Petitioner claims to have entered into agreement to sell the property in question and pursuant to the deal petitioner is allowed to occupy the portion of the building for residential purposes. However, it may be noted that apart from the question whether an enforceable agreement can come into existence thereto, this factual assertion is not supported by any material whatsoever on record. In fact the petitioner even asserted so in the earlier writ petitions, where also this plea was not found supported by any material/documents.

(2.) THE petitioner also alleges and claim to be attorney holder of one S. Jagdeep Singh Samyal alleged spoken as the "lone survive legal heir of S.Baldev Singh", though record speaks that he is not the lone surviving legal heir. Copy of power of attorney Annexure -A is on record which shows that petitioner has been authorised to collect rent from the period December 1989 to March 1992 from Gulmarg Winter Sports Project occupant of the building in question. Besides he has been also authorised to spent named portion of the amount from the collected rent, on repairs and to cut the 4 willow trees in the compound and utilize this wood in repairing the building. Additionaly for the purpose he has been authorised to do all things as may be necessary thereto He has been authorised in line to continue to live at first floor of the building . It may be recorded even in power of attorney the petitioner is stated some official of (and as per respondents a clerk in) Gulmarg Winter Sports Project. This power Of attorney dated 12.3.1991 is made the basis of, laid claim to the property and possession thereof, as also to claimed lease -hold rights from the original lessee late S. Baldev Singh Samyal. The said Jagdeep Singh Samyal who allegedly executed above attorney is also stated to be dead soon thereafter.

(3.) PETITIONERS application for lease was processed and there has been communication and correspondence interse respondents 2 to 5 on the subject. One Sita Devi daughter -in -law of original leases as his heir also applied for extention of lease. Petitioners apprehension that his case is not receiving consideration at the hands of respondents 4 and 5 received attention of court in (OWP No. 557/98). This petition was finally disposed of on 31.5.1998 with direction to State Government and Divisional Commissioner to consider the petitioners claim and pass appropriate orders within four months (Annexure -F). While the matter was under consideration of the respondents petitioner sensing that communications and correspondence interse the respondents are loaded against him, filed OWP No. 286/2000 to prevent adverse orders against him. However this petition was dismissed as pre -mature on 24.7.2001 (Annexure -G). Against the judgement petitioner filed LPA 170/01.