Srinagar : The J&K High Court has stayed a trial court order on a civil suit against a citizen of United States of America, who was formally a native of Srinagar.
The high court passed the stay order on the petition filed by Sheikh Nasir Sultan, a resident of South San Francisco California USA through his attorney and brother-in-law Mohammad Amin Dar, a resident of Hyderpora Srinagar.
Sheikh, who acquired USA citizenship fifteen years ago, contends he has ceased to be the citizen of India as per Article 9 of Constitution of India and Section 9 of The Citizenship Act 1955.
Sheikh has also not registered himself as an ‘overseas citizen’ as per section 7A of The Citizenship Act and as such no suit lies against him, Shafqat Nazir, counsel representing the petitioner said.
While Sheikh established his business in USA, his mother and sister resides in Srinagar and as such entitled to legal protection for enforcement of his rights in India, the counsel said.
The civil suit pertains to two shops at Moominabad Batamaloo here which Sheikh’s late father had rented out for 11 months in 2012 to Basharat Iqbal Bhat and Abdul Rehman Khan, both local residents. As per him, the agreement was not thereafter extended or renewed. However, both Bhat and Khan filed the civil against Sheikh who stated that the property belongs to his mother and sister being state subjects.
“(Bhat and Khan) as such have no cause of action against Sheikh,” advocate Shafqat said. Though rent agreements between the parties expired in 2013 itself but Bhat and Khan vacated the shops only in December 2015. However, they again “forced” Sheikh’s mother to surrender the possession of shops to them and subsequently filed the civil suit before City Munsiff Srinagar which passed ex-parte order, directing ‘status quo’.