MUHSTAQ AHMAD MIR Vs. KHATIJJA

JUDGEMENT

(1.) The petitioners have challenged orders dtd. 28/3/2012 and 15/6/2012 passed by the Chief Judicial Magistrate, Sopore (hereinafter referred to as the trial Magistrate) as also order dtd. 1/10/2013 passed by the Principal Sessions Judge, Baramulla (hereinafter referred to as the Revisional Court).

(2.) It appears that predecessor-in-interest of the respondents, Mst. Khatija, had approached the trial Magistrate by way of an application under Sec. 145 of the J&K Cr. P. C alleging therein that on 17/2/2012 the petitioners herein had forcibly trespassed into the property bearing Plot No.28 (40x80) under Survey No.13/1-min situated at New Colony, Sopore and when the same was objected to by Mst. Khatija and her relatives, the petitioners herein dragged and thrashed her. On the basis of these assertions, it was pleaded that there is imminent chance of breach of peace and, as such, proceedings under Sec. 145 of the Cr. P. C be initiated against the petitioners herein. It was claimed by the predecessor-in-interest of the respondents before the trial Magistrate that the property in question (residential house) was allotted by the Housing Department of Jammu and Kashmir Government to one Ghulam Ahmad Ganai in the year 1967, who died unmarried, issueless and intestate on 5/4/2006. The predecessor-in-interest of the respondents claimed to be the sister of deceased Ghulam Ahmad Ganai and according to her, entry in the revenue record was made in respect of the said property in her name after the death of the original allottee. It was her further case before the trial Magistrate that the petitioners herein are strangers and that they have no right either to possess or claim title over the property in question.

(3.) The learned trial Magistrate passed a preliminary order on 28/3/2012 and, after issuing notice to the petitioners herein, directed the parties to file affidavits and documents to substantiate their respective claims.