The High Court of Jammu & Kashmir and Ladakh has delivered a judgment emphasizing the importance of statutory conditions in cases involving migrant immovable property. The judgment, delivered by Justice Moksha Khajuria Kazmi and Chief Justice N. Kotiswar Singh, addressed the case of Shabir Ahmad Rufai and another versus the Union Territory of Jammu and Kashmir and others (LPA No. 243/2023).
Case Title: Shabir Ahmad Rufai and another v/s UT of J&K and others
Judge: Justice Moksha Khajuria Kazmi
Lawyers: Mr. R.A. Jan (Sr. Advocate), Mr. Nitin Dubey (Advocate), Mr. Nissar Ahmed (Advocate)
Date of Order: 19.12.2023
Table of Key Legal Points and Findings
| Legal Points and Findings | Description |
|---|---|
| Statutory Condition for Appeal | The judgment highlighted that according to Section 7(b) of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act, 1997, an appeal against an eviction order is only permissible if the occupant surrenders possession of the property to the competent authority. |
| No Exception in This Case | The court stated that the appellants’ possession of the property, based on an agreement to sell, cannot be considered authorized possession as required by the statute. |
| Applicability of Symbolic Possession | The judgment cited that symbolic possession, where physical removal is not necessary, is sufficient for compliance with the statutory condition. |
| Right to File Appeal After Symbolic Possession | The court permitted the appellants to file an appeal after handing over symbolic possession of the property, with an undertaking to vacate if they lose the appeal. |
| Timely Decision by Competent Authority | The competent authority was instructed to decide the appeal within two months, maintaining the interim directions until resolution. |
Timeline of Events in the Case
| Date | Event Description |
|---|---|
| 1997 | Offer to sell immovable property by Sham Lal Fotedar to appellants. |
| 22.07.1997 | Execution of contract for sale and personal affidavit by Sham Lal Fotedar. |
| Year 2022 | Writ petition filed by appellants dismissed by Writ Court. |
| 19.12.2023 | High Court judgment emphasizing statutory conditions and permitting symbolic possession before filing an appeal. |
The judgment makes it clear that statutory conditions for appeal in cases of migrant immovable property must be strictly adhered to, underlining the significance of compliance with the law.
