AB GANI DAGA Vs. MAHANT RAM SARAN

JUDGEMENT

(1.) THIS application which seeks revision of an order dated November 14, 1974, of the City Judge Srinagar, refusing to stay the execution of the decree dated April 5, 1975, passed by the Sub Judge (CJM) Srinagar, arises in the following circumstances :

(2.) MAHANT Ram Saran Das, respondent No. 1 herein, and1 a few others, trustees of the Asthapan Sri Chander Chinar, Kothi Bagh, Residency Road, Srinagar, brought a suit on March 19, 1959 in the court of the Sub -Judge (CJM), Srinagar, for ejectment of Abdul Ghani Farash, respondent No. 2 herein, and Abdul Gaffar Khan son of Ahmad Khan resident of Ikhraj Pura, Lalmandi, Srinagar, and of Mohd. Sidiq Soofi betel vendor, Residency Road, Srinagar, from an area measuring 915 sq. it. situate in Kothi Bagh, Residency Road, Srinagar, and for recovery of Rs. 105/ - on account of rent and Rs. 11O/ - by way of damages for use and occupation of the said property and for a declaration to the effect that the Malba lying there belongs to the Asthanpan and the defendants had no right to interfere with the same as also for an injunction restraining the defendants from raising any new construction on the suit property.

(3.) THE case of the said plaintiffs was that the defendants namely Abdul Ghani Farash (respondent No. 2 herein) and Abdul Ghaffar Khan took on lease the aforesaid area belonging to the Asthapan vide lease deed dated Poh 10,2009 (Samvat), with effect from Magh 1, 2009 (Samvat) on a rental of Rs. 50/ -per mensem, that the lease was to ensure up to the end of Poh 2015 (Samvat), i.e., Jan. 13, 1959, that Abdul Ghani Farash and Abdul Gaffar Khan had by means of the aforesaid deed undertaken not to sub -let the area during the continuance of the lease and to restore the property on the expiry of the aforesaid period of lease in the same condition in which it was taken by them and to remove the structure, if any, raised by them on the aforesaid area during the aforesaid period of lease, that in violation of the terms of the lease deed, Abdul Ghani Farash and Abdul Ghaffar Khan sub -let a part of the demised area in favour of Mohd Sidiq Soofi and since the defendants had not restored possession of the area after removing the Malba lying thereon and demolishing a part of the structure raised by them which still stood on the area which according to the terms of the lease ched had become the property of the Asthapan, hence the suit.