The Action Of DC Karnal Is Illegal Or Void Ab Initio. He Had No Business Entering Into A Landlord- Tenant Dispute, Which Was Subjudice ( Already Pending Matter) In The Civil Court, Said HC.
The DC Of Karnal In His Over Enthusiasm Ordered An Inquiry & Thereafter, In A Taking Hurry Ordered The Eviction As Well, Of The Petitioner From The House In Question, Despite Being Well Aware That Civil As Well As Rent Proceedings Between The Parties Were Pending Before The Court Concerned. HC Set Aside The Order Of DC.
FACTS OF THE CASE- Petitioner Had Been Residing In The Disputed House As A Tenant Since 2005-06 After Taking The House On Rent From Landlord. The Landlord Offered To Sell The House In Question To The Petitioner By Telling Her That She Could Make The Payment Towards Purchase Of The House As Per Her Convenience.
The Petitioner Accepted The Offer To Purchase The House In Question And Started Gradually Making Payment To Landlord. She Paid Rs. 40lakh To Landlord And Requested The Respondant To Transfer The House In Her Name. The Landlord Allegedly Refused, Rather, Moved The Application Against Her That She Had Not Been Paying The Rent To Them And Went Ahead And Got The Electricity Disconnected In The House. As The Matter Between The Party Was Also Pending In The Civil Court, The Landlord Approached The Karnal DC, Who Ordered Her Eviction From The House.
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FINDING OF THE CASE- HC Not Only Set Aside The “Illegal” Order Passed By DC Karnal On May 16 But Has Also Directed The SP To Restore The Possession Of The House To The Evicted Tenant By Using ‘Reasonable Force’.
CONCLUSION- HC Is Afraid And Also Constrained To Observe That The DC Has Exhibited Total Immaturity And Ignorance Of Law While Passing The Impugned Order. HC Also Observed That The “Rule Of Law Is Alive In The Country And Official Machinery Cannot Be Permitted To Be Used For Oppression”.
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For case specific advice, please contact best/top/expert RENT Lawyers of Punjab Haryana High Court in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Baltana etc.
This post is written by Ramandeep Kaur. More on 99888-17966.