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| Fresh notices served to CS and Ors in Dr Karan Singh plea to claim Raj Bhawan back | | |
Early Times Report
Jammu, May 12: In a case filed by Dr Karan Singh against State seeking evicting the Raj-Bhawan, Principal Sessions Judge Jammu R S Jain today after hearing Advocate Vikram Sharma after observing that notices were not received back and no one is appeared on behalf of respondent today issued fresh notices to Chief Secretary J&K and PWD Secretary.
The petitioner in his petition has submitted that the Maharani of the State of J&K, Late Smt 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 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/-.
It further said that driven by their devotion to charitable causes, Late Maharani Yasho Rajya Lakshmi and Dr Karan Singh created a public-charitable Trust under the name and style as 'Hari-Tara Charitable Trust' by a deed of Trust dated 15/01/1970 (duly registered with ld. Sub-Registrar Jammu on 15/01/1970) and dedicated their properties comprising of 'Ranbir Mahal' & 'Karan Niwas' with attached outhouses alongwith all the land underneath and appurtenant thereto, and another property comprising of Three (03) Manda Staff -Houses no 3AB, 4AB & 5AB with land underneath and appurtenant thereto, situate at Jammu. Copy of the Trust-Deed dated 15 January 1970.
Petitioner further has 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 there from for usage towards various charitable causes as set out in the Trust-Deed.
It was also 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. It is further submitted that comparative analysis of the necessity of the suit land by the parties to the suit is no plank available to the defendants to deny the plaintiff Trust its property.
It is important to state that the respondents have not been able to provide a suitable State-owned accommodation to the Governor of the J&K State. The defendants, however, cannot retain the suit premises in perpetuity against the wishes of the plaintiff.
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' alongwith land measuring 126 kanals and other appurtenances at Jammu 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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