S HAKEEKAT SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) HAKEKAT Singh petitioner is challenging order dated 8 -11 -1997 of District Magistrate Srinagar issued under section 5 of the Jammu and Kashmir Migrant Immovable property preservation, protection and restraint Distress Sales Act of 1997 (hereinafter for brief Distress Sales Act 1997) evicting petitioner from a portion of house No. 186 at Jawahar Nagar, Srinagar under his occupation and handing over possession thereof to respondent No.4 Shri Vijay Kumar Ujle, on the following grounds:

(2.) PETITIONER claims to be tenant in authorised and lawful occupation of the first floor of residential, house. No. 186 at Jawahar Nagar Srinagar of late Ram Lal Ujla (hereinafter to be referred as premises) since 1985 as evidenced by rent receipt (annexure PA). The occupation and possession of the said house is even admitted by respondent no.4 alleged to be legal heir of landlord Ram Lal Ujla vide objections filed by him in the suit pending before 1st. Additional Munsiff Srinagar (annexure -PB). The occupation of the premises by petitioner is covered by provisions of Houses and shops Rent control Act as a statutory tenant and the petitioner cannot be evicted there from except in due course of law and on grounds envisaged by the Houses and Shops Rent Control Act.

(3.) THE Government of Jammu and Kashmir, respondent No.l with a view to preserve and protect the distress sales of immovable prop -erties of Kashmir migrants enacted Distress Sales Act 1997. Section 5 of the said Act provides that if any unauthorised occupant of any migrant property refuses or fails on demand to surrender possession thereof to competent authority, such authority may use such force as is necessary for taking possession of such property. Unauthorised occupant in the Distress Sales Act 1997 is defined as any person who has encroached upon or taken possession of any immovable property of migrant without letters written consent or authority of law.