BEFORE THE HON’BLE COURT OF SUB-JUDGE AT HANDWARA

IN THE CASE OF:- 1. FIRDOUS AHMD BHAT

S/O MOHD SULTAN BHAT
R/O BRARIPORA HANDWARA

2. AB RASHID GANAIE
S/O GH QADIR GANAAIE
R/O HANDWARA

3. AIJAZ AHMAD SOFI

S/O GH HASSAN SOFI
R/O HANDWARA

Plaintiffs...

Versus

1. Commissioner Secretary Urban

Local Bodies
2. Director Urban Local Bodies
3. Executive Officer, Municipal
Committee Handwara
4. President/Chairman, Municipal
Committee Handwara
5. Executive Officer, Municipal
Committee Handwara
6. KhilafWarzi Inspector,
Municpal Committee Handwara

IN THE MATTER OF:-Commissioner’s Report.

The report is submitted under:-

In pursuance to the order issued by thisHon’ble court wherein the

undersigned was appointed as commissioner for spot inspection. The
undersigned visited the spot wherein the Plaintiffs No 1 and 2 were present
as well as the adjoining shopkeepers of the Handwara Market after visiting
the suit property the undersigned observed following things which are
enumerated below:

1. That the undersigned recorded the statement of Plaintiff and also the
statement of the witnesses who were present onspot at the time of
the inspection.
That statement of the Plaintiff No 01, namely Firdous Ahmad
Bhat S/o Late Mohd Sultan Bhat R/o Braripora Handwara who
stated that:-
He is in possession of suit proprertysince last 8 months . He further
stated that Muncipal Committee Handwara has given the
construction of suit property against an agreement that the plaintiffs
shall given the shops on rent and the rent so accrued shall be
adjusted against the amount spent for the construction of the suit
property. He further stated that the plaintiffs have acquired the suit
property against he mutually agreed specific rent of Rs 10/Sqft per
month.He further stated that he has got the suit property registered in
Traders Federation Handwara. He further stated that the suit
property has been possessed by him in order to carry on his
business of Kiryana Store and also stated the suit property is the only
source of livelihood forhim.
The statement of the Plaintiff No 02 Ab Rashid Ganie S/o Gulam
Qadir Ganie R/o Handwara who stated that ;-He is in possession
of suit property since last 8 months . He further stated that Muncipal
Committee Handwara has given the construction of suit property
against an agreement that the plaintiffs shall give the shops on rent
and the rent so accrued shall be adjusted against the amount spent
for the construction of the suit property. He further stated that the
plaintiffs have acquired the suit property against he mutually agreed
specific rent of Rs 10/Sqft per month. He further stated that he has
got suit property registered in Traders Federation Handwara. He
further stated that the suit property has been possessed by him in
order to carry on his business of Hotel And Restaurant and also
stated the suit property is the only source of livelihood for him.
The statement of the witness namely Manzoor Ahmad Ganie S/o
AbGaffar Ganie R/o Khunbal
HandwaraOccupation;Shopkeeperwho deposed that the suit
property has been constructed by the Plaintiffs and are in possession
of the suit property since last 8 months. He further stated that thev
plaintiffs have got the suit property on rent from municipal committee
Handwara. He further deposed that plaintiffs are carrying on their
business of Kiryana and Hotel in the suit property since last 8
months.
The statement of witness namely Irshad Ahmad Bhat S/o Late Gh
Ahmad Bhat R/o Hangah Langate
Occupation;Shopkeeperdeposed that the plaintiffs have got the suit
property from the Muncipal Committee Handwara. That the plaintiffs
are operating their businesss of kiryana and hotel since last 8 months.
The statement of witnesses namely Bashir Ahmad Bhat S/o Gh
QadirBhat R/o
KhahiporaZachaldaraOccupation;Shopkeeperdeposed that the
plaintiffs have got the suit property from the Muncipal Committee
Handwara. That the plaintiffs are operating their businesss of kiryana
and hotel since last months.
The statement of witness namelyAshiq Hussain Khan S/o Late
AbHameed Khan R/o RajpoaZachaldaraOccupation;Shopkeeper
deposed that the plaintiffs have got the suit property from municipal
committee.He further deposecd that the plaintiffs are in possession of
the suit property since last 8 months and have been allotted to the
plaintiffs on rent.He further deposed that the plaintiffs are carrying on
business of kiryana and hotel in the suit property.
The statement of other witnesses who are the adjoining
shopkeepers namely Mudasir Shafeeq Shah S/o Mohd Shafeeq
Shah R/o Handwara, Gh Rasool Ahanger S/o Ab Ahad Ahanger R/o
Handwara and Mohd Yousuf Dar S/o Mohd Ahsan Dar R/o Waskhura
Handwara were also present onspot who also deposed the same
statement which have been deposed by the above mentioned
witnesses.
Observation:
After recoding the statement of the abovementioned persons and
inspecting spot the undersigned observed that the plaintiffs are in
possession of suit property since last 8 months. That the witnesses
present onspot have deposed that the plaintiffs namely1. Firdous
Ahmad Bhat 2. AbRasheed Ganie 3.Aijaz Ahmad Sofi have got the
suit property from municipal committee Handwara on rentand the rent
so accrued shall be adjusted from the amount which has been spent
by the plaintiffs for the construction of the suit property, That on spot
the plaintiff No 3 namely Aijaz Ahmad Sofi was not present however
the shop was open and also that all witnesses deposed that the
plaintiff No. 3 is in the possession of suit property since last 8 months
and have got the suit property on rent from Muncipal Committee
Handwara. That the plaintiffs are members of Traders Federation
Handwara and the establishment i;e suit property is also registered in
Traders Federation Handwara.

Hence this report is submitted for the kind perusal of the Hon’ble
court.

Najemu Saqib
Advocate