The Jammu and Kashmir High Court recently comprising of a bench of Justice Rajnesh Oswal observed that the rent deed prima facie depicts possession of respondents, hence there is no illegality in the Trial Court’s order. (Mushtaq Ahmad Khan v/s Rafiq Ahmad Sheikh and Anr)
The bench noted that the learned trial Magistrate has rightly released the shop in favour of respondent nos.1 & 2 and said finding can neither be termed as perverse or erroneous in view of record available before the trial Magistrate, therefore, this Court does not find any illegality in the order impugned.
Facts of the case
In the present case, the order passed by the Trial Court was challenged, the Trial Court passed an order by virtue of which the shop that was initially attached was ordered to be restored to the tenant/applicant therein. Assailing the order, the petitioner filed a writ petition on the ground that the trial Magistrate has not conducted any inquiry whatsoever and in the illegal exercise of jurisdiction and provisions of law has directed the restoration of the shop in favour of contesting respondents.
Contention of the case
The petitioner submitted that the shop belongs to the petitioner and proforma respondents jointly and as such, same could not have been attached by the trial Magistrate and he has further argued that the property stands partitioned between the petitioner and proforma respondents.
On the other hand, the respondents submitted that respondents nos.1 & 2 are the tenants and learned trial court after perusing the rent agreement ordered the release of the shop in question of respondents no.1 & 2 and it is further argued that that the suit stands dismissed and only restoration application is pending before the learned trial Court.
Courts observation & Judgment
The bench after going through the records noted, “From the record, it is not disputed that the shop was attached by the learned trial Magistrate in a complaint titled Noor-Ud-din Khatana versus Asif Ahmad Khan. From the perusal of the application filed by the petitioner it transpires that the said shop was initially released in favour of Rafiq Ahmad Sheikh on 14th March 2016, however, the said shop was again attached on 17th March, 2016 when the said application was filed by Mushtaq Ahmad Khan. In the said application it was stated that the accused i.e. Asif Ahmad Khan has never executed any rent deed in respect of shop in question in favour of any person and the rent deed produced by Rafiq Ahmad Sheikh is fake and forged. The learned trial court after perusing the rent deed released the shop in favour of tenant i.e. respondent nos.1 & 2.”
The Court after perusing the findings of the Trial Court and dismissing the petition noted, “The said rent deed was challenged by the petitioner and proforma respondents and the said suit was decreed in part in ex parte. The learned trial Magistrate while releasing the shop in favour of respondent no.1 has observed that the shop was given on rent with effect from December, 2013 against an amount of Rs.20,000/= and it was further highlighted that the landlord has acknowledged receipt of Rs.11 lacs as premium from the tenant, so once there was a rent deed, prima facie depicting possession of respondent nos.1 & 2, the learned trial Magistrate has rightly released the shop in favour of respondent nos.1 & 2, and said finding can neither be termed as perverse or erroneous in view of record available before the trial Magistrate, therefore, this Court does not find any illegality in the order impugned.
The petition, as such, is found to be without any merit and the same is dismissed accordingly. However, the petitioner shall be at liberty to approach the learned trial Magistrate concerned by placing an appropriate motion for redressal of his grievances while bringing the subsequent facts to the notice of the learned trial Magistrate. Respondents shall also be at liberty to avail an appropriate remedy as available under law.”
Read Judgment;
SOURCE ;latestlaws.com/
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments