The High Court of Jammu & Kashmir and Ladakh has clarified that surrendering symbolic possession of property is sufficient to maintain an appeal against eviction under the 1997 migrant property law, while upholding the constitutional validity of the provision.

The Court held that the condition requiring surrender of possession before filing an appeal is valid, but must be interpreted reasonably to avoid making the remedy ineffective.

The High Court of Jammu & Kashmir and Ladakh has clarified that surrendering symbolic possession of property is sufficient to maintain an appeal against eviction under the 1997 migrant property law, while upholding the constitutional validity of the provision.

The Court held that the condition requiring surrender of possession before filing an appeal is valid, but must be interpreted reasonably to avoid making the remedy ineffective.

At the Srinagar wing of the Jammu & Kashmir and Ladakh High Court, a bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar on Thursday dismissed an appeal filed by National Insurance Company Limited. The insurer was seeking to overturn a compensation award granted to a family whose home was damaged during the devastating 2014 floods.

The case originates from a policy taken by late Shad Mohd Bashir, whose residential house at Sarai Payeen, Amira Kadal, Srinagar, had been insured since 2009. Though the policy was renewed annually, the company later claimed that it excluded flood and similar storm-related risks - referred to in technical jargon as “STFI” (Storm, Tempest, Flood, Inundation).