CHAMPA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner is a holder of leasehold rights of a residential plot of land bearing no. 141, measuring 30 " ×55 " , Sector 4 Housing Colony, Channi Himmat, Jammu. The lessor is the Jammu and Kashmir Housing Board, a body constituted under sec. 4 of the Jammu and Kashmir Housing Board Act, 1975. The respondent nos. 2 and 3 are the Managing Director, J&K Housing Board and the Secretary, J&K Housing Board respectively. The leasehold rights so held by the petitioner are coming forth from the registered tripartite agreement dtd. 20/9/2007 executed by and amongst the petitioner, the erstwhile original lease-holder namely Salman Ali and the lessor- Jammu and Kashmir Housing Board. Said tripartite agreement is a duly registered document before the Sub Registrar (Sub Judge) Jammu. In terms of the said tripartite agreement, the petitioner came to substitute the original lessee namely Salman Ali who was holding the leasehold rights qua the said plot by virtue of registered lease-deed dtd. 13/3/1999 executed by the Jammu and Kashmir Housing Board in favour of the said original lessee Salman Ali.

(2.) The transfer of the leasehold rights qua the said plot from original lessee Salman Ali to the petitioner had taken place with due consent of the lessor i.e. the Jammu and Kashmir Housing Board granted vide communication no. HB/673-75 dtd. 9/8/2007 and the lessor the Jammu and Kashmir Housing Board had charged and even earned a payment of transfer fee of Rs.37,000.00 from the petitioner.

(3.) Thus, on the basis of the said tripartite agreement the petitioner came to be the lessee of the said plot by reference to the original lessee dtd. 13/3/1999 and further the petitioner has a residential house built thereupon. The possession of the petitioner qua the said land is lawful by every stretch of claim and entitlement which at no point of time was ever subjected to any question mark by the lessor Jammu and Kashmir Housing Board.