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| Dr Karan Singh files petition to claim back Raj Bhawan | | Court issues notice to CS & Ors | | Jammu, Apr 22 : In a case filed by HARI-TARA CHARITABLE TRUST, through its Trustee Dr. Karan Singh S/o Late Maharaja Hari Singh Ji against State seeking evicting the Raj-Bhawan, Principal Sessions Judge Jammu RS Jain after hearing Advocate Vikram Sharma appearing for the petitioner, issued notice to Chief Secretary J&K and PWD Secretary returnable before 12th of May, 2015 and for filling objections.
In the petition it was submitted that the Maharani of the State of J&K, Late Yasho Rajya Lakshmi W/o Dr. Karan Singh owned various properties in J&K. Out of her properties, a premises comprising of 'Ranbir Mahal' & 'Karan Niwas' with attached outhouses alongwith all the land underneath and appurtenant thereto measuring 126 kanals, including servant-quarters, lawns, orchards, trees, fences, ditches, easements and other appurtenances thereof including passage, pathways and road leading up thereto from the city entrance with five guard-rooms belonging to the said entrances (i.e. the suit premises) was taken on a month to month lease by the Governor of Jammu & Kashmir from the erstwhile owner Late Maharani Yasho Rajya Lakshmi Ji, vide duly executed Lease-Deed dated 1st May 1967 (the demised-premises was aptly delineated with the red-coloured line in the plan annexed with the Lease-Deed). The lease contained a clause to commence w.e.f. 01-05-1967 by mutual consent, on a monthly rent of Rs. 4000/-. In the petition it has been submitted that the retention of the suit premises belonging to the plaintiff Trust by the defendants and its usage as a residence-cum-office of the Governor, is, by any comparison, not of greater necessity than plaintiff Trust's requirement of putting the suit-premises and income therefrom for usage towards various charitable causes as set out in the Trust-Deed. It is respectfully submitted that the defendants, being a mighty and resourceful State, do have various options available at their end, for shifting the usage, as the suit-premises is being put to, to any other place, even though plaintiff Trust's statutory right to seek possession of suit premises, after terminating the lease, remains unaffected by the availability or otherwise of such option with the defendants.
In the suit seeking direction to pass a decree of Ejectment against the defendants from the suit-property known as 'Ranbir Mahal' and 'Karan Niwas' and directing the defendants to hand-over the vacant possession to the plaintiff of the suit property alongwith a decree for recovery of Rs. 16, 368,000/- as compensation for unauthorized use and occupation of the suit premises w.e.f. the date of termination of the tenancy and also for such other future amount as compensation @ Rs. 50,000/- per day of un-authorised use and occupation of the suit property by the defendants, till its possession is handed over to the plaintiffs alongwith an interest @ 24% p.a thereon.(JNF) |
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