SAT PAL Vs. STATE OF J&K

JUDGEMENT

(1.) THE brief facts of the case are that respondent No: 1 leased out nazool land comprised under Survey Nos: 331/Min and 32/ Min measuring 2538 Sfts. and 874 Â 1/2 Sft. situated at Chand Nagar, Jammu to one Munshi Ram, the father of the petitioners. The lease was for a period of 40 years w.e.f. 7th of March 1938. The lease deed with respect to land measuring 874 Â 1/2 Sfts. was entered upon in the year 1971, but the effect there to was given from March 1938. Out of the said Khasra Nos., land measuring 2537Â 1/2 Sfts. was leased out to one Sarwan Dass w.e.f 7th March, 1938. He, during his lifetime, disposed of a portion of land measuring 2106 Sfts. to one S. Amar Singh. He was himself left with only 431 Â 1/2 Sfts of land, which was adjacent to the land leased out to Munshi Ram. The possession of this left over land of 431 Â 1/2 Sfts. was given by Krishen Chander S/o Sarwan Dass, the lessee, to Munshi Ram. Munshi Ram then raised a construction on a portion of the land leased out to him, during the year 1939 -40. He made further construction on a portion of land leased out to him in the year 1976 -77, measuring 431 Â 1/2 Sfts. which was taken by him from Krishen Chander.

(2.) ACCORDING to the petitioners, Munshi Ram before his death had executed a will, and partitioned the construction raised on the land which was in his occupation, amongst his sons. Munshi Ram during his lifetime made an application for extension of lease to Assistant Commissioner, Nazool, and according to the petitioners, the Assistant Commissioner Nazool recommended his case for extension of lease for a further period of forty years. The application of the petitioner seeking extension of lease, however, remained pending with respondent No.2 from 1980 till 1991. According to the petitioners, without affording an opportunity of being heard and behind the back of the petitioners, the respondent No. 2 issued an order on February 18th, 1991, cancelling/determining the lease with respect to land measuring 1306 Sfts comprised under Khasra No. 331/Min and 32/Min stituate in Chand Nagar, Jammu and ordered its resumption subsequent to the application for renewal of lease by Munshi Ram, his son the present petitioners also moved an application for renewal, which according to the petitioners was not decided.

(3.) MUNSHI Ram also moved an application for granting him the proprietary rights of the land on payment of full market value in terms of certain Government orders. The respondents appeared and have filed their counter.