HOTEL ELLORA Vs. SHAMBOO NATH SOPORI

JUDGEMENT

(1.) HEARD learned Counsel for the parties. This Civil Misc. Appeal is directed against the order dated 29th Nov. 2006 (passed by 3rd Additional District Judge, Srinagar. The petitioner claims to be tenant of the suit property. The present appellant filed a suit for perpetual injunction against the respondents which is pending before ld. Sub Judge (Passenger Tax) Srinagar. The interim application was moved before that court seeking restraint on the respondents from interfering into the possession of the appellant which was dismissed by the trial court vide its order dated 29th Nov. 2006.

(2.) CIVIL Misc. appeal was decided against the said order by the court of 3rd Additional District Judge on 23rd Dec. 2006. While setting aside the order of the trial court the first Appellate Court has recorded findings about the status of the defendants and has held them to be "migrants". On this finding the ld. first Appellate court has observed that trial court ought to have stayed the proceedings in the suit in terms of Section 3 of Jammu and Kashmir Migrants (Stay of proceedings) Act 1997. The appellant is aggrieved of this part of the impugned judgment.

(3.) THE J&K Immovable Property (Preservation, Protection and Restraint on Distress) Sales Act 1997 (for short Act of 1997) is a temporary legislation to secure the interests of migrants who had to leave home due to unprecedented circumstances in which the State of J&K was ushered into in the year 1989/1990. The section of population which was forced to leave their homes because of the circumstances beyond their control, cannot be declared to be migrant for all times to come. They are children of Soil and History of State/Valley in all respects will be incomplete without them. The Act of 1997 cannot be interpreted in a manner which may seal the entry of Son of Soil to his home land. The Act of 1997 is to be read and interpreted in a manner which would protect the lawful and legal rights of the migrants qua their properties etc in their absence.