In a clear message to trial courts, the Jammu & Kashmir and Ladakh High Court has ruled that once an issue is finally decided, it cannot be sent again for clarification through a reference. The ruling came in a tenancy dispute where a civil court had sought guidance on whether it could revisit a question already settled in the case .
Background of the case
The matter arose from a long-running suit for eviction, recovery of possession, and arrears of rent between landlords Nisar Ahmad Kakapori and another and their tenant Aijaz Ahmad Kadoo.
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During the proceedings, the trial court had framed and decided an issue on whether the suit was maintainable under the Jammu and Kashmir Residential and Commercial Tenancy Act, 2012. That question was settled in February 2023 in favour of the landlords.
Later, however, the trial court made a reference to the High Court. The trigger was a separate order passed in another case that raised doubts about the continued application of certain rent laws after the J&K Reorganisation Act, 2019. Unsure whether the earlier decision still stood on firm legal ground, the trial court sought the High Court’s view .
Court observation
Appearing for the landlords, advocate Mohammad Ibrahim Mehraj argued that the reference itself was flawed. His point was simple: once a court decides an issue, it cannot send the same question up for reconsideration, especially when the case is already at the stage of final arguments.
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The Division Bench, led by the Chief Justice and Justice Rajnesh Oswal, agreed. After examining the record, the judges said the trial court had no power to reopen what it had already settled.
In firm words, the bench observed, “Once an issue has been finally decided, the trial court lacks the jurisdiction to re-open or revisit the same.”
The judges also noted that if the tenant was unhappy with the 2023 order, the law provided a clear remedy-challenge it in appeal or revision. Re-agitating the same point before the same court, they said, is not an option.
Another important clarification followed. The High Court stressed that its observations were limited only to answering whether the reference was valid. It did not examine the correctness of the 2023 order on maintainability. Any wider question about how rent laws apply after the 2019 reorganisation, the bench said, will be dealt with in the separate civil revision where that issue is directly pending.
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Decision
Concluding the matter, the High Court held that the reference made by the trial court was “incompetent” and answered it accordingly. The trial court was informed of the decision, clearing the way for the eviction suit to proceed without reopening the already settled issue .
Case Title: Nisar Ahmad Kakapori & Anr. vs. Aijaz Ahmad Kadoo & Anr.
Case No.: Ref(C) No. 01/2025
Decision Date: December 4, 2025
