Excelsior Correspondent
JAMMU, Jan 7: The Court of the 2nd Additional District Judge, Jammu, Anoop Kumar Sharma today dismissed a civil suit filed by Shree Vinayak Misser Dharmshalla Trust seeking possession of two rooms on the ground floor and one compound near Vinayak Bazar/ Jewel Chowk, along with a prayer for demolition of alleged “additional construction” raised on the premises.
The suit was instituted on March 27, 1993 with the court holding that the Trust failed to establish its ownership over the disputed property and could not prove the alleged chain of possession through an earlier lessee.
In its pleadings, the Trust claimed that it owned properties, including a dharamshalla, in the Vinayak Bazar-Jewal Chowk area and asserted that the suit premises had earlier been leased (along with adjoining property) to contractor Tilu Ram for 20 years with effect from November 19, 1970, through a registered lease deed.
It further alleged that during the period when receivers were appointed in related litigation, certain occupants raised construction without approval and that the defendant was put in possession through the said lessee.
The defendant, Baldev Raj (Mistry), contested the claim, denied the Trust’s ownership and lease-linked possession story, and asserted that his family had been in occupation for decades.
After considering the evidence, the court held that the Trust did not discharge the burden of proof regarding title or the linkage of the suit premises with the property claimed by it, and also found that the Trust could not prove that the disputed rooms were leased to Tilu Ram or that Tilu Ram had placed the defendant in possession.
Accordingly, the suit was dismissed, with the court directing parties to bear their own costs.
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