CHAIN SINGH Vs. MATA VAISHNO DEVI SHRINE BOARD

JUDGEMENT

(1.) This Civil Miscellaneous Ist Appeal is directed against Additional District Judge, Reasi s order dated 15.07.2006 whereby appellant-plaintiff s Application seeking ad-interim injunction against Shri Mata Vaishno Devi Shrine Board, restraining it from dispossessing him from Shop No.1 situated at Lambi Keri, Katra, without adopting due course of law, during the pendency of his Suit seeking Declaration that he was a tenant in the shop besides a Decree for Permanent Prohibitory Injunction restraining the Board from dispossessing him therefrom without adopting due course of law, was dismissed.

(2.) The Trial Court declined the appellant s Application finding that the material available on records, which included order passed by this Court in appellant s Writ Petition OWP No. 184/1994, in which he had admitted him to be the Licensee of the shop, would not indicate existence of prima facie case in his favour of being either an existing Licensee, or a tenant.

(3.) It is not disputed that the appellant has been in continuous possession of the shop since 1983. According to the appellant, he was a tenant, whereas Shri Mata Vaishno Devi Shrine Board, the Board , for short, treats him the Licensee of the Jammu and Kashmir Dharmarth Trust, which was earlier managing the affairs of Shri Mata Vaishno Devi Shrine and the properties attached thereto. The appellant would sell Tea, Sweets and Soft drinks etc., in the shop in accordance with the permission granted to him by the Jammu and Kashmir Dharmarth Trust which had put the shop along with other shops enroute Shrine to auction for use thereof by the successful allottees as Licensee(s) of the Trust. After take over of the Shrine by the Board in the year 1986, the appellant remained in possession of the shop which, after its reconstruction by the Board was again handed over to him.