Principal sessions court Jammu issued notices to chief secretary and others asking them to file their objections to the suit filed by Hari-Tara Charitable Trust through its trustee Dr Karan Singh seeking evacuation of the winter home of the Jammu and Kashmir governor.
Karan Singh, son of late Maharaja Hari Singh who had signed J&K's accord of accession with the union of India, has sought directions to reclaim the property viz a viz 'Ranbir Mahal' and 'Karan Niwas' (being used as governor's residence at Jammu).
Singh, a senior Congress leader, has also sought directions to hand over the vacant possession to the plaintiff of the suit property along with a decree for recovery of Rs16, 368,000 as compensation for 'unauthorised use and occupation of the suit premises.'
Singh in his petition has submitted that his wife and Maharani of the J&K, late Yasho Rajya Lakshmi owned various properties in the state. Of which, a premises comprising 'Ranbir Mahal' and 'Karan Niwas' with attached outhouses along with the land underneath measuring 126 kanals (20 kanals form one hectare) was taken on a month-to-month lease by the governor of Jammu and Kashmir from the erstwhile owner late Maharani since May 1, 1967 on a monthly rent of Rs4000 which had increased to Rs80,000 per month.
"They (petitioner) have terminated the contract of lease with the government last year. The legal requirement is that the landlord has to terminate the contract the lease to claim the possession which my client has done last year. They are entitled to seek the possession," Vikram Sharma, counsel for Karan Singh, told dna.
Sharma noted since the lease has been terminated they are required to handover the possession of the premises back to the petitioner. "Failing which if they continue to retain the premises then the owners would demand Rs50000 per day for use the premises beyond the termination period," he said.
Since Jammu and Kashmir has two capitals, there are two Raj Bhawans – one in summer capital city of Srinagar and another in winter capital city of Jammu, too.
Driven by devotion to charitable causes, Late Maharani and Dr Karan Singh had created 'Hari-Tara Charitable Trust' in Januray 1970 and dedicated their properties including 'Ranbir Mahal' and 'Karan Niwas'.
In the petition, it has been submitted that the "retention of the suit premises belonging to the claimant 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"
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