Srinagar, July 28(KMW): More than 20 year old chronic and complicated civil dispute regarding the left over properties (undivided) of late Abdul Ahad Lone R/O Baghat-e- Barzulla, Srinagar, Kashmir proved equally cumbersome and more than complicated as it appeared on the face of it. It was finally settled, resolved and partitioned by DSRC to the entire satisfaction of the parties to the dispute after having put in tremendous, unimaginable efforts and hard labour.
The legal heirs of Late Abdul Ahad Lone , namely Mr. Iftikhar Ahmad Lone ( Director of Lone Star Football Club ) , Mr. Javaid Iqbal Lone ( Businessman ) , Yasmeen Rafiq Raaz ( Wife of Mr. Rafiq Raaz , Ex- Director , Radio Kashmir ) , Rifat Maqbool ( wife of Engineer Mohammad Maqbool Bhat ) have accepted the â€œ Awardâ€ passed by DSRC in full and final leaving behind no controversies in between the parties including their legal heirs.
This may be pertinent to mention here that the above said parties had in fact, filed multiple civil and other suits against each other in civil and other courts which did not yield any positive results in their favour. Having felt exhausted by all standards of patience, they have expressed in unequivocal terms for having lost total faith in the existing legal system; as such, have preferred to get their disputes settled through DSRC in accordance with the principles of Qurâ€™an and Sunnah.
The text of the Award is reflected as under:
OFFICE OF THE
Dispute Settlement & Reconciliation Centre (DSRC)
(Private Alternate Dispute Settlement Centre)
Case No. 1/2016
Date of Institution: 01-01-2016
Date of Award:
Javaid Iqbal Lone /Rifat Ara/Yasmeen Rafiq
Son and daughters of Late Abdul Ahad Lone
R/O Baghatâ€”e- Barzulla, Srinagar, Kashmir
Iftikhar Ahmad Lone
S/O Late Abdul Ahad Lone
R/O Baghat-e-Barzulla, Srinagar, Kashmir
Head Office: Human Watch Building, Rajbagh Extension, Srinagar-190008, Kashmir
Advocate Mohammad Amin Butt, Executive Director
Engineer Hilal Ahmad War, Executive Director
Whereas DSRC received written petitions from Javaid Iqbal Lone ( son of Abdul Ahad Lone, the deceased ) , Rifat Ara and Yasmeen Rafiq ( daughters of the deceased ) dated 01-01-2016, at its head office situated at Rajbagh, Srinagar, Kashmir whereby the petitioners sought indulgence , mediation, facilitation , arbitration and settlement with regard to the disputed ancestral property in the shape of 6 Kanals and 2 Marlas of land including a three storied house existing in one of the portions of the above said disputed land . The above said disputed property is located and existing at Baghat-e- Barzulla, Srinagar, Kashmir besides the above they have interest in two rented rooms under No.19 and 20 situated at Polo view and two industrial sheds under No. 23 and 24 situated at Industrial Estate , Sanat Nagar , Srinagar Kashmir ;
Whereas the petitioners in their petitions have sought indulgence of DSRC, for the amicable settlement of the disputed property as per Qurâ€™an and Sunnah, even when the dispute was referred to the civil courts at Srinagar but the petitioners expressly sought the intervention and partitioning of the said property in between them and their brother , Mr. Iftikhar Ahmad Lone ( respondent ) in accordance with the principles as laid down in Qurâ€™an and Sunnah only bypassing the Civil Courts ;
Whereas after receipt of this petition on 01-01-2016 , the petitioners appeared before DSRC and registered themselves . They undertook that any decision arrived at by DSRC shall be final and binding on them , their legal heirs, representatives, successors in interest , in letter and spirit and also adhered that they shall not bring in question the final verdict of DSRC by any mode, method or litigation whatsoever before any authority including the Civil Courts ;
Whereas DSRC issued a written notice to the respondent on 05-01-2016 seeking cooperation , assistance and his presence on 09-01-2016 at 2 p.m. at DSRC office , in order to arrive at a peaceful and amicable settlement of the aforesaid dispute in accordance with Qurâ€™an and Sunnah only. He was further requested to extend his constructive cooperation based on fair play, honesty and integrity to help arrive at a peaceful, honorable and amicable settlement of the disputed property in accordance with the principles of Qurâ€™an and Sunnah, in order to meet the ends of justice;
Whereas the respondent who was away , outside the State of Jammu and Kashmir and was constrained to appear personally was represented by his representative on 09-01-2016 and on 19-02-2016 respectively seeking time for the personal appearance of the respondent which was allowed and granted;
Whereas the respondent appeared in person on 09-05-2016 before DSRC who expressed his desire and willingness to seek indulgence of DSRC for amicable, peaceful and final settlement of the dispute in accordance with Qurâ€™an and Sunnah. Accordingly the respondent got himself registered with DSRC. The respondent equally expressed his sincere and honest desire for the final settlement of the dispute. He undertook that any decision arrived at DSRC shall be final and binding on him , his legal heirs, representative, successors in interest in letter and spirit and would not bring in question the final verdict of DSRC as final judgment, by any mode, method or litigation whatsoever before any authority including the Civil courts ;
Whereas a joint meeting between the petitioners and the respondent was conducted by DSRC on 09-05-2016 at DSRC office . The parties to the dispute came out with their claims and counter claims against each other , most of which were subsidiary to the basic dispute but keeping in view to generate cordial atmosphere , the DSRC went ahead to iron out all such claims and counter claims of the parties to their entire satisfaction without any reservations whatsoever ;
Whereas the parties to the dispute expressed their experience at courts totally cumbersome, frustative and full of pain and agony besides a huge toll of time and financial resources , without any positive and constructive settlement in accordance with Qurâ€™an and Sunnah . They further expressed unanimously that they are tired of the exercise in the courts and feel exhausted completely, therefore sought the timely indulgence of DSRC ;
Whereas DSRC referred the matter to its expert on religious matters on 10-05-2016 for issuance of certificate identifying as to what could be proportionate respective shares of the parties to the dispute in accordance with principles of Qurâ€™an and Sunnah out of the disputed ancestral property of the parties , same was received by DSRC on 15-05-2016 which reads as under :
â€œ A person namely Abdul Ahad Lone son of Ghulam Mohammad Lone R/O Barzulla, Baghat , Srinagar ( deceased ) leaving behind four children namely ;
1. Iftikhar Ahmad Lone ( son)
2. Javaid Iqbal Lone ( Son)
3. Mst . Rifat Ara ( daughter )
4. Mst. Yasmeen Ara ( daughter ) .
As far as the property in dispute the deceased has left behind a three storied house along with land beneath and appurtenant thereto measuring 6 Kanals and 2 Marlas situated at Baghat-e- Barzullal , Srinagar .
As per Muslim Law the share of each shall be as under :
a) Iftikhar Ahmad Lone is entitled to receive land measuring 40 Marlas 181 square feet and 4 inchs ;
b) Javaid Iqbal Lone is entitled to receive land measuring 40 marlas 181 SQFT and 4 Inches;
c) Rifat Ara is entitled to receive land measuring 20 Marlas 90 SFT 8 inches ;
d) Mst. Yasmeen Ara is entitled to receive land measuring 20 Marlas 90 SFT and 8 inches respectively.
The total land comprises of 122 Marlas.
So far as the house is concerned Javaid Iqbal Lone and Iftikhar Ahmad Lone will get two shares each out of six shares, Mst. Yasmeen Ara and Mst. Rifat Ara will get one share each out of the six sharesâ€.
Whereas DSRC sought the services of an expert valuation Engineer for purposes of evaluating the value of the residential building situated at Baghat-e-Barzulla, Srinagar in order to obtain the final valuation of the said building (structure with fixtures etc. ) ;
Whereas DSRC received the detailed valuation of the aforesaid house vide his letter No. SP/VAL/DSRC/16141/16 dated 18-06-2016 duly signed by Mr. Shahid M Peerzada as a registered valuer along with photographs of the structure and other drawings;
Whereas the above said valuer has estimated the final market value of the above said house (structure only) Rs. 50, 55,000.00 (Rupees Fifty Lakhs and Fifty Five Thousand only) which includes all fixers ;
Whereas the claimants of the property ( the house ) i.e. parties to the dispute shall be entitled to the following:
a) Mr. Iftikhar Ahmad Lone will get = Rs. 16,85000/-
b) Mr. Javaid Iqbal Lone will get = Rs. 16,85000/-
c) Mst. Rifat Ara will get = Rs. 8, 42,500/-
d) Mst. Yasmeen Ara will get = Rs. 8, 42,500 respectively ;
Whereas the petitioners have acknowledged that Mr. Iftikhar has spent an amount of Rs. 15 , 00,000 ( Rupees Fifteen Lakhs ) on the renovation of the above said house which they have undertaken to pay back to Mr. Iftikhar proportionately in the following format:
a) Mr. Javaid Iqbal shall pay an amount of Rs. 5 , 00,000 ( Rupees Five Lakhs ) to Mr. Iftikhar Ahmad Lone
b) Mst. Rifat Ara shall pay an amount of Rs. 2, 50,000 ( Rupees two Lakh and Fifty Thousand ) to Mr. Iftikhar Ahmad Lone .
c) Mst. Yasmeen Ara shall pay an amount of Rs. 2, 50,000 ( Rupees two Lakh and Fifty Thousand ) to Mr. Iftikhar Ahmad Lone ;
Whereas Mr. Iftikhar Ahmad Lone has spent an amount of Rs. 9,00,000 ( Rupees Nine Lakhs only ) by way of payments as salaries to the Chokidars at Polo-view and Sanat Nagar Industrial sheds , electricity bills , repairs of sheds, rent paid to Polo-view and the Industries Department , besides the fee paid to the lawyer;
The parties to the dispute have confirmed and agreed in Principal to pay the same in accordance with their respective shares , as follows;
i) Mr. Iftikhar Ahmad Loneâ€™s share of liability is Rs. 3,00,000 ( Rupees Three Lakhs only)
ii) Mr. Javaid Iqbal Loneâ€™s share of liability is Rs. 3,00,000 ( Rupees Three Lakhs only)
iii) Mst. Rifat Araâ€™s share of liability is Rs. 1,50,000 ( Rupees One Lakh and Fifty Thousand only )
iv) Mst. Yasmeen Araâ€™s share of liability is Rs. 1,50,000 ( Rupees One Lakh and Fifty Thousand only )
Whereas the petitioners have acknowledged to be in the arrears towards Mr. Iftikhar. the details of which are as under :
a ) Javaid Iqbal Lone shall have to pay Rs. 4,44,000
b) Mst. Rifat Ara shall have to pay Rs. 8, 15, 000
c) Mst. Yasmeen Ara shall have to pay Rs. 8,00,000;
Whereas Mr. Javaid Iqbal Lone has liquidated an amount of loan existing against their father , namely Abdul Ahad Lone an amount of Rs. 1932800 ( Rupees Nineteen Lakhs , thirty two thousand and eight hundred only ) towards Jammu and Kashmir Bank, Branch , The Bund , M.A. Road, Srinagar which the parties have agreed to pay towards Mr. Javaid in the following format:
a) Mr. Iftikhar shall pay an amount of Rs. 6, 44, 267 ( Rupees six Lakh forty four thousand two hundred and sixty seven ) in favour of Mr. Javaid Iqbal Lon.
b) Mst. Rifat Ara shall pay an amount of Rs. 3,22,133 ( Rupees Three Lakh . twenty two thousand one hundred and Thirty Three only ) towards Mr. Javaid Iqbal Lone.
c) Mst. Yasmeen Ara shall pay an amount of Rs. 3,22,133 ( Rupees Three Lakh . twenty two thousand one hundred and Thirty Three only ) towards Mr. Javaid Iqbal Lone.
Whereas the parties to the dispute have properties in the shape of two rooms situated at Polo- View , Srinagar and two industrial sheds situated at Sanat Nagar, Industrial Estate as rented ones . Out of the two rooms , Mr. Irfan Qadir Reshi S/O Late Ghulam Qadir Reshi R/O Nishat , Srinagar ( the Landlord of one room) has paid an amount of Rs. 20,00,000 ( Rupees Twenty Lakh only) by way of cheques in favour of the parties;
Whereas Mr. Iftikhar Ahmad Lone has stepped into the shoes of his father as the tenant of Industries Department for the two industrial sheds situated at Sanat Nagar , Srinagar for an amount of Rs. 60,00,000 ( Rupees Sixty Lakhs only ),out of which he shall pay an amount of Rs. 20,00,000 ( Rupees Twenty Lakh only) in favour of Javaid Iqbal Lone and Rs. 10, 00,000 ( Rupees Ten Lakhs only ) each towards Mst. Rifat Ara and Mst. Yasmeen Ara respectively against their tenancy rights;
Whereas second rented room situated at Polo-view , owned by one Haji Ghulam Hassan S/O Late Ghulam Rasool R/O Pandherethhan , Srinagar , under the possession of M/S Iftikhar Ahmad Lone , Javaid Iqbal Lone , Mst. Rifat Ara and Mst. Yasmeen Ara , sons and daughters of Late Abdul Ahad Lone R/O Baghat-e- Barzulla, Srinagar , continues to be unsettled between the parties , which stands unresolved as yet;
Whereas during the course of debate and discussions, conferences between the stakeholders of the disputed properties, it was brought into the notice of DSRC that their ancestor, Mr. Abdul Ahad Lone ( father ) had expressed his desire and had asked his daughters and Mr. Iftikhar Ahmad Lone not to allow Mr. Javaid to occupy any portion of the disputed property, instead of he should be paid and settle down in some other area other than the one which belong to the deceased . The DSRC after having deliberated on the issue that in such a situation the already stranded relations of the parties would result in further complications , enmity between the parties, their legal heirs and their future generations . DSRC finally succeeded in prevailing upon the parties that they should live in peace , amity and love . This alone rather is the key for any Muslim as per Qurâ€™an and Sunnah behind the spirit of forget and forgiveness that would help in shaping the cordial relationship of such parties . Keeping in views the principle of live and let live was preached by DSRC to the parties and it was only after a great struggle and efforts that Mr. Iftikhar and his sisters unanimously agreed to grant pardon towards Mr. Javaid Iqbal Lone for any of his disobedience done to his father. This may be pertinent to mention here that the parties to the dispute played a commendable and constructive role and adopt the spirit of forget and forgiveness .
Whereas DSRC had a tough time to navigate in the rough waters of relations of the parties and it took a great toll of time , energy etc. to successfully carry the ship to the shore and finally it has culminated peacefully into a final settlement with regard to the properties in dispute in the following scheme of settlement :
a) Mr. Javaid Iqbal Lone shall own and possess the ancestral residential house as its absolute owner and possessor , excluding his sisters and brother mentioned hereinabove including their legal heirs, representatives in interest . Mr. Javaid Iqbal Lone shall receive and take in possession two Kanals ( 40 Marlas only ) of land including the land beneath and appurtenant to the said house.
b) Mr. Iftikhar Ahmad Lone shall receive and take in possession two Kanals ( 40 Marlas ) of land as his share in property out of 6 Kanals and 2 Marlas of undivided property of his late father.
c) Mst. Rifat Ara shall receive and take in possession one Kanal ( 20 Marlas ) of land out of 6.2 Kanals of her later father .
d) Mst. Yasmeen Ara shall receive and take in possession one Kanal ( 20 Marlas ) and 2 Marlas of land out of 6.2 Kanals of her late father . This may be pertinent to mention here that Mst. Yasmeen Ara has been gifted away 2 Marlas of land out of the total of 6.2 Kanals of land besides her entitlement of one Kanal of land , by her father.
Whereas Mr. Javaid Iqbal Lone shall make payment in favour of his brother and two sisters against their shares in the above said ancestral house in the following format:
a) Mr. Iftikhar Ahmad Lone = Rs. 16,85000/-
b) Mst. Rifat Ara = Rs. 8, 42,500/-
c) Mst. Yasmeen Ara = Rs. 8, 42,500 respectively ;
Whereas the parties to the dispute have been put in possession with their respective properties as the owners in possession of such properties . In case any of them or their heirs , representatives etc. would feel to go for any sort of construction, alteration, repairs ,etc. of any modification , alienation , none of the parties shall object to such an act and would not bring in question such an act before any authority, Civil Courts, municipality, Revenue Authorities or any other authorities of any dimension .
DSRC has struck the balance sheet in between the parties indicating their liabilities towards each other which is enclosed herewith as Annexure â€˜Aâ€™.
DSRC has put in all the bonafide efforts to see that the acrimonious relations between the parties do not escalate any further , therefore , bridges of confidence amongst them were build up afresh with a view to maintain the cordial relationship between the parties . It was a constant and regular effort put in by DSRC that no future subject matter remains unsettled between the parties that might drag them into fresh controversies.
DSRC has asked the parties to withdraw all their cases pending before courts or before any other agency forth-with as a result of which restoration of Confidence Building shall help the parties and their future generations to live in peace and amity without creating any bad blood of any nature whatsoever.
Copy of the award to be provided to the parties free of cost and original to be retained in the office.
ANNOUNCED: Executive Directors
1. Javaid Iqbal Lone
2. Rifat Ara
3. Yasmeen Ara ( Petitioners )
4. Iftikhar Ahmad Lone ( Respondent ).