HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: TrP (C) No. 7/2023 Shri Sanatan Dharam Ashram Sabha Sheetal Nath Srinagar th. Jawahir Lal Koul and ors. …Petitioner(s)/Appellant(s) Through: Mr. Sumir Pandita, Advocate. V/s M/s Dreams Body Guide Gym Barbarshah Nai Sarak Srinagar th. Imtiyaz Ahmad Dar. …. Respondent(s) Through: None. CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER(ORAL) 18.03.2025 01. The instant transfer petition has been filed seeking transfer of a suit tilted ‘M/s Dream Body Guide Gym Barbarshah Nai Sarak Srinagar vs. Shri Sanatan Dharam Shital Nath Ashram and ors.’ pending before the Court of learned Munsiff/Sub Registrar Srinagar to any other Court at Jammu. 02. Brief facts as averred in the petition are that the petitioners have migrated from Kashmir valley in the year 1990 due to the subversive activities prevailing in the valley at that time. Petitioners are the President, General Secretary and Member of Sanatan Dharma Ashram Sabha Sheetal Nath Srinagar which is a Trust rendering services of granting relief to the poor, indigent and deserving persons by providing shelter, food and also providing periodic distribution of the clothes, medicines and other necessary items in addition affording books to the deserving students and alms in cash or kind, annually out of the funds of the Trust. It has been submitted that the Trust has been established nearly seven decades ago for taking care of the moveable and immoveable belongings to the Sr. No. 12 --2-- Trust and a duly constituted body has been elected for the welfare of the Sanatan Dharma Ashram Sabha Sheetal Nath Srinagar. It is having its office at Jammu. The respondent approached the petitioners for taking on lease and license basis the shed No. 3 of the size of 12 x 40 ft. situated near main gate of Sheetal Nath Ashram Sabha Premises regarding which a license deed was executed on 01.04.2019 till 31.03.2022 between the petitioners and the respondent for a period of three years @ ₹ 1500/- per month. After the expiry of the aforesaid period, respondent had not paid the rent nor had vacated the premises. A notice was served to Divisional Commissioner, Deputy Commissioner Srinagar and to the respondent through his counsel and the notice was received by them. On receipt of the notice, a communication dated 05.11.2022 was issued by the Divisional Commissioner to the Deputy Commissioner Srinagar for taking appropriate action in this regard. The said respondent, being well aware of the fact that the petitioners being senior citizens are unable to move from one place to another without assistance of the other person, filed a suit against the petitioners before the learned Munsiff/Sub-Registrar Srinagar, in order to pressurize the petitioners to withdraw the proceedings before the District Magistrate Srinagar. It has been further submitted by the petitioners that they are unable to attend the Court at Srinagar and prior to the present petition, a transfer application bearing CTA No. 40/2022 was filed but on assurance of respondent that he would withdraw the suit pending before the learned Munsiff/Sub- Registrar Srinagar and would vacate the premises, the said transfer application was withdrawn. However, even after withdrawal of the transfer application by the petitioners, the respondent refused to vacate the premises or to withdraw the suit filed by him. --3-- 03. Heard learned counsel for the petitioners and perused the averments made in the transfer application. 04. From the pleadings it appears that the petitioners are seeking transfer of the case primarily on the ground that they being senior citizen are unable to move to Srinagar without the assistance of any other person and contest the suit there. The contention raised by the petitioners is that the property in question belongs to the Trust and respondent is taking advantage of the petitioners being away and is in continuous possession of the property, that too, without paying any rent thereof to the petitioners. The respondent had to vacate the premises way-back in 2022 after the expiry of the lease but he has not chosen to do so. Further, it is pleaded that the petitioners are residing in Jammu after migration and they have no other place to reside in the valley and are not in position to contest the case filed at Srinagar. 05. Notice of the instant transfer application was given to the respondent on 23.02.2023 and Mr. Jattan Singh Gill, Advocate caused his appearance on behalf of the respondent 13.12.2023. Since then, the counsel representing the respondent has not preferred to file any objections and also has chosen to remain absent which makes it clear that the respondent is not interested in contesting the instant transfer petition or have any ground to agitate in response to the grounds taken by the petitioners. Therefore, there are sufficient grounds to allow the instant transfer application. 06. In view of above, keeping in view the totality of the facts and circumstances as submitted and evident from the documents available on record, the transfer application in hand is allowed with a direction to the learned Munsiff/Sub-Registrar to transfer the record of the case titled ‘M/s Dream Body --4-- Guide Gym Barbarsha Nai Sarak Srinagar vs. Sanatan Dharma Sheetal Nath Ashram and ors.’ to the Court of learned Munsiff Jammu forthwith. 07. The Trial Court shall issue notice to the plaintiff/respondent for causing his presence before the Transferee Court on 27th March 2025. 08. Disposed of accordingly. (VINOD CHATTERJI KOUL) JUDGE Jammu 18.03.2025 SUNITA/PS