Srinagar landlords win 2-decade-old legal battle to reclaim shop

Srinagar: A court in Srinagar has ordered a tenant to handover shop to landlords, to bring to close a litigation instituted nearly two decades ago.

“Defendant (tenant) is directed to vacate and handover the possession of the suit shop to the Plaintiffs (landlords) within a period of two months and in default Defendant will be liable to pay to the Plaintiffs the damages at the rate of Rs. 1,000 (Rupees One Thousand Only) per day till the suit shop is handed over to Plaintiffs,” the Court of Munsiff Sub Registrar Srinagar said in a judgment passed on December 31, a copy of which lies with GNS.

The landlords had filed the case in 2004, seeking directions to the tenant, Mohammad Syed Nazki, to vacate the shop situated at Killi Masjid Saraf Kadal Srinagar.

According to the landlords, they rented out the shop to the tenant in March 1987 and according to an agreement between them, the shop was to be handed over after one year.

However, the court observed, the tenant did not vacate the shop after the expiry of the agreement and handover it to them despite their repeated demands. The landlords, through their counsel Sajad Sofi, had contended that they need the shop back for their personal requirement as they are repeatedly in need of it so as to have a source of income to support their family. The landlords said that the tenant neither vacated the shop nor did he pay the rent from April 2002.

After hearing the parties, the court, besides ordering the tenant to vacate the shop within two months, also ordered him to pay the rent on account of occupation of the shop from April 2002 at the rate of Rs 75 per month alongwith 9% interest per annum. (GNS)

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