COURT OF THE ESTATES OFFICER JAMMU AND KASHMIR STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED SRINAGAR KASHMIR


ORDER UNDER SECTION 5(1) OF J&K PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS.) ACT, 1988.

Whereas, proceedings of eviction has been initiated against M/S Red International, Industrial Estate Shalteng Srinager Kashmir and a  notice of eviction under section 4(1)(2) of J&K Public Premises Act,1988 has been issued vide No./EO/17/53/411-12 dated:20.06.2017.

 Whereas, the Lessee/defendants were not present before the undersigned on the dates of hearings and have not filed any objection or produced any evidence and have remained silent.

Now therefore in exercise of the powers conferred upon me under section 5(1) of J&K Public premises (Eviction of unauthorized occupants) Act, 1988, I hereby order eviction of M/S Red International, Industrial Estate Shalteng, Srinagar Kashmir, and all other persons who may be in possession of 2600 Sft’s(Shed) bearing NO:28-B leased as per lease deed dated 30.12.2014 registered in the Court of Law on 22.04.2015, at I/E SHALTENG Srinagar Kashmir on the following grounds:-

  1. That a lease deed has been executed by lessee/defendants with J&K SIDCO Ltd in respect of the said leased out premises containing the terms and conditions governing the said lease agreement. Among other conditions the shed has been leased for processing of Walnut Kernels, Grinding and packing which the Lessee failed to process.
  2. That as per the lease deed executed the lessee was bound to deposit of lease rental @Rs.5200/= per month with J&K SIDCO (Lessor) which has accumulated to Rs.1, 19, 480/=   (Rupees one lakh Ninenteen Thousand four hundred eighty only) upto ending May 2017 which they failed to pay.
  3. That Lessee/Defendants have been notified number of times to clear the outstanding and use and utilize the shed for the purpose it was allotted by the lessor/petitioner (J&K SIDCO) and finally through notice under section 106 of Transfer of Property Act. Dated.15.04.2017 but till date outstanding has not been cleared and the shed has not been utilized for the purpose it was allotted for.
  4. That the above acts of lessee /defendants  clearly establish that they have violated terms and conditions of the lease agreement and allotment order, thus have in view of the default and non utilization of shed, committed breach of the lease agreement and allotment order, are therefore declared as unauthorized occupants and deserve to be evicted out of the said legal premises

The unauthorized occupants i.e. M/S  Red International, Industrial Estate Shalteng Srinagar Kashmir shall therefore vacate the possession of the above mentioned shed within (7) seven days from the date of issuance/publishing of this order and handover the possession to the lessor (Manager Estates J&K SIDCO I/E Shalteng Srinagar Kashmir) and in case the unauthorized occupants fail to handover the possession within the prescribed period, they  will be evicted from the shed under rules at their risk and cost.

NO; EO/15/17/53/436-38                                                                                                                                          Sd/-

 Date:10.07.2017                                                                                                                                     Syed   Aijaz  Aga

                  Estates Officer (K)