HC for speedy disposal of ejectment petitions; Is it good decision for landlords?
In a major relief to landowners seeking eviction of tenants, the Punjab and Haryana High Court has reminded the courts below that ejectment pleas on the ground of personal necessity were required to be disposed of expeditiously. The High Court has also asked the courts below to keep in mind the Supreme Court observations in the case of “Hameed Kunju versus Nazim”.
The apex court, among other things, had observed that the object of the rent laws all over the state was to ensure speedy disposal of eviction cases between the landlord and tenant, especially in those cases where the landlord sought eviction for his bona fide need. An eviction case is a lawsuit usually filed by a landlord against a tenant to recover possession of real property. Personal necessity is one of the grounds for eviction.
Such a lawsuit filed before a rent controller could take years before its disposal.
The reminder by Justice Gurvinder Singh Gill came in a case where the ejectment application was filed by the petitioner-landlord in March 2017 on the ground of personal necessity. “A perusal of the zimni (interim) orders, annexed with the present petition, indicate that till date even the issues have not been framed,” Justice Gill added.
In his petition against M/s Ajay Garments, petitioner-landlord Ujjwal Sahrawat was seeking issuance of a direction to Rohtak rent controller to pass “some appropriate order” for assessment of provisional rent and for disposal of the ejectment application within a fixed time frame.
Taking up the matter, Justice Gill — on a previous date of hearing — directed Rohtak District and Sessions Judge to submit a report in the matter.
In response, the Bench was told that the rent controller, vide order dated May 14, 2018, has assessed the provisional rent of the premises in question at Rs 30,000 per month.
Justice Gill observed the petitioner’s prayer for issuance of a direction to the rent controller for assessing the provisional rent was rendered infructuous after the passing of the order.
“In view of the position, Rohtak rent controller is directed to make efforts to conclude the proceedings expeditiously preferably within a period of six months,” Justice Gill added.
Rohtak villagers meet SP, seek arrest of accused; Is it a Honour Killing Case?
Scores of residents of Makdoli Kalan and adjoining villages in Rohtak district on Thursday met Superintendent of Police (SP) Surinder Singh Bhoria and demanded arrest of the accused in the suspected honour killing case of Jyoti (19).
Monu, a resident of Makdoli Kalan village and husband of the victim, alleged that Jyoti was murdered by her family members and her father and other villagers had misled the police by claiming that Jyoti had committed suicide.
Earlier, Jyoti’s father Rajesh Kumar along with other residents of Ballah village met the SP on Tuesday evening and alleged that Jyoti had committed suicide after being harassed by Monu. He also alleged that Monu was blackmailing her on the pretext of an obscene video clip of her and he was also demanding dowry.
Monu refuted the allegations and said that he got married to Jyoti on March 14 in a Ghaziabad temple. “Jyoti went to her parental house on May 24. She was beaten up badly by her family members and then they killed her,” he alleged.
“I want justice and I am ready for any inquiry over the allegations levelled by Jyoti’s father against me,” he said.
The SP said an SIT led by DSP Virender Kumar was investigating the case.
Honeypreet’s bail petition rejected; Is it good Decision?
A local court on Thursday rejected the bail application of Honeypreet Insan, Dera Sacha Sauda chief Gurmeet Ram Rahim Singh’s adopted daughter.
The order was passed by Additional District and Sessions Judge Neerja Kulwant Kalson. Honeypreet’s counsel said they would approach the Punjab and Haryana High Court after getting a certified copy of the court’s order.
Honeypreet had sought regular bail on the grounds that the Haryana Police had not found any evidence against her. The SIT formed to investigate the Panchkula violence that broke out on August 25 last year had slapped sedition charges against her.
Honeypreet’s counsel had argued that she had not participated in the violence and was inside the court complex with the dera chief when the verdict was pronounced.
Panchkula police arrest HCS officer for ‘sexually harassing’ employee; Is safety of women increased?
The Panchkula police on Thursday arrested HCS officer Reagan Kumar for allegedly molesting a woman employee of the office.
Kumar is administrative officer-cum-secretary and CEO of Utkarsh Society, Secondary Education Department.
According to the complaint, the woman alleged that on May 28, the official called her to his cabin and offered her coffee, which she refused. The woman claimed that on May 29 the official again called her to his cabin and tried to sexually abuse her.
She claimed that she called up her brother and submitted a complaint to the Haryana DGP.
The Panchkula police have booked the HCS officer under Section 354-A (physical touch) and 354-D (stalking) of the IPC.
The Director, Secondary Education-cum-vice-president, Utkarsh Society, Rajiv Rattan, had withdrawn work from Kumar and forwarded the case to the internal complaints committee of the department on May 30.
Farmers protest Union Agri Minister’s remark; Is there any impact of the village shutdown?
Activists of the Bharatiya Kisan Union (Ambawata) organised a protest march against Union Agriculture Minister Radha Mohan Singh for making objectionable remark against the farmers.
Protesters led by state president of the union Shamsher Singh Dahiya took out a protest march from Badhkhalsa to Beeswan Meel crossing along the NH-1. They also raised slogans against the minister and burnt his effigy.
Later, in support of the 10-day agitation of the different organisations, activists gave vegetables free of cost to commuters on the NH-1.