9911796707
TMI Blog2008 (11) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... sidence as an incident of employment. He died on 13.3.1982. The petitioners are legal heirs of late H.Kameshwar and are in possession of the premises allotted to H.Kameshwar since his death. After death of H. Kameshwar, one of the sons was given service on compassionate grounds by respondent but he also resigned on 13.7.1984. The legal heirs of H. Kameshwar did not hand over the vacant possession of the premises allotted to H. Kameshwar after his death or after the resignation of his son and continued to be in illegal possession of this premises from 1984 till date on the basis of litigation in costs. 3. An eviction petition was filed by Harijan Sewak Sangh against the petitioner who are legal heirs of deceased H.Kameshwar. One of the LR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te body. Therefore, the order of the learned ARCT was bad in law. 5. I consider that the argument advanced by the petitioners' counsel is baseless and frivolous one. The respondent in eviction petition has categorically stated that the respondent was a Society registered under the Societies Registration Act. The petition was filed through Secretary of the Society. No issue was raised by the petitioners at any stage that the petition was not filed by a competent person or Harijan Sewak Sangh was not a registered Society. An observation by the ARCT that it was a corporate body would not change the basic facts of the premises having been allotted to late H. Kameshwar by the respondent as an incident of his employment and his death on 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bath and WC on ground floor at one of the prime locations in North Delhi near Kingsway Camp. The premises is situated in a sprawling green area and has large grounds around it, I consider that the petitioners are liable to pay as costs to the respondent-society for the unlawful gains by them by illegally holding this property for 24 years and 4 months. The average rental value of the property in present days is around ₹ 10,000/- per month. Though property was given on rent in 1982 to the petitioners' father at ₹ 102.50 paise per month, but when premises are given to the employees on rent normally market rent is not charged and only nominal rent is charged. I consider that in order to see what would have been the rent during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the Courts are engaged by the litigants and which is dragged as long as possible. Even if these litigants ultimately loose the lis, they become the real victors and have the last laugh. This class of people who perpetuate illegal acts by obtaining stays and injunctions from the Courts must be made to pay the sufferer not only the entire illegal gains made by them as costs to the person deprived of his right and also must be burdened with exemplary costs. Faith of people in judiciary can only be sustained if the persons on the right side of the law do not feel that even if they keep fighting for justice in the Court and ultimately win, they would turn out to be a fool since winning a case after 20 or 30 years would make wrong doer as real ..... X X X X Extracts X X X X X X X X Extracts X X X X
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