GHULAM HASSAN WAGAY Vs. MOHAMMAD RAFIQ BHAT

JUDGEMENT

(1.) Aggrieved by order dated 06.12.2008, passed by District Judge, Anantnag in the appeal captioned Mohammad Rafiq Bhat & anr. v. Ghulam Hassan Wagay, both the parties have filed two revision petitions, one captioned Ghulam Hassan Wagay v. Mohammad Rafiq Bhat & Anr. (C. Rev.185/2008) and another captioned Mohammad Rafiq Bhat & anr v. Ghulam Hassan Wagay (C. Rev. No. 10/2009).

(2.) In the three storeyed building situated at Lal Chowk Anantnag, Ghulam Hassan Wagay (petitioner in C. Rev. No. 185/2009) (hereinafter referred to as the tenant), is in possession of two shops located in the ground floor. Respondents Mohammad Rafiq Bhat & another (petitioners in C. Rev. No. 10/2009 (hereinafter referred to as the owners) are the owners of the said building.

(3.) In the intervening night of 22/23rd December, 2007, the said building gutted in fire. The Municipal authorities served a notice to the owners on 08.01.2008 to the effect that the building being in dilapidated condition and unsafe be demolished so as to avoid any untoward incident.