IN THE HIGH COURT OF DELHI
SHIV NARAYAN DHINGRA
PADMAWATI - Appellant
Versus
HARIJAN SEWAK SANGH - Respondent
CM(M) No.449/2002
Decided On : 06-11-2008
Article 227 Petition - Eviction of Premises - Societies Registration Act - [Societies Registration Act] - The court discussed the eviction of premises allotted to an employee by a registered society, emphasizing the society's right to the premises for furtherance of its activities. The court also highlighted the concept of costs in frivolous litigation and the need to discourage unjust enrichment through the courts.
Fact of the Case:
The petitioners, legal heirs of a deceased employee, were in illegal possession of premises allotted to the deceased. The society filed an eviction petition, which was upheld by the appellate court. The petitioners challenged the order.
Finding of the Court:
The court found that the society was entitled to the premises for furtherance of its activities and that the petitioners were in illegal possession. It emphasized the need to impose costs on litigants engaging in frivolous litigation to prevent unjust enrichment.
Issues: Illegal possession of premises, entitlement of the society to the premises, and imposition of costs on litigants in frivolous litigation.
Ratio Decidendi: The court held that the society's right to the premises for its activities prevailed, and the petitioners' illegal possession warranted imposition of costs to prevent unjust enrichment.
Final Decision: The petition was dismissed, and the petitioners were directed to vacate the premises within 30 days, with costs of Rs. 15,10,000 to be recovered from them. Failure to vacate would result in user charges at the rate of Rs. 10,000 per month.
1. By this petition under Article 227, the petitioner has assailed anA order of first appellate Court dismissing appeal of the petitioner.
2. The facts relevant for the purposes of deciding this petition are that one H.Kameshwar was working with Harijan Sewak Sangh, respondent, a registered society in the service of down trodden. Due to his being in service with the respondent, he was allotted premises in question for his residence 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 LRs was a Sub-Inspector in Delhi Police, another an official of ISI, third an officer in PNB and fourth a teacher. The eviction petition was filed on the ground that premises was required by the respondent, Harijan Sewak Sangh, for furtherance of its activities. After appreciating the evidence, the learned Rent Controller came to conclusion that respondent was a public institution and the premises was let out to the deceased H. Kameshwar while in service or employment of the respondent and since H. Kameshwar died in 1982 and his son resigned in 1984, they had no right to continue in the premises. It was also observed that
.the premises was required by Harijan Sewak Sangh for its own use for furtherance of its activities. An eviction order was passed by the ARC on 23.1.2001. The appeal against this order filed by the petitioners was dismissed by the ARCT after considering all the arguments raised by the petitioners and discussing the evidence and the law threadbare vide order dated 3.8.2002. This revision petition has been preferred assailing the order of learned ARCT in appeal.
4. Learned counsel for the petitioners argued that learned ARCT in its order observed that respondent Harijan Sewak Sangh was a corporate body and the premises was allotted to deceased as an employee at the time of employment. It is submitted that the observation of the learned ARCT that the respondent was a corporate body was contrary to record. It has not been proved that the respondent was a corporate 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 13.5.1982 and continuation of petitioners illegally in the premises thereafter without any rhyme and reason. A registered society can also sue and be sued in its own name and is an equivalent to corporate body as far as filing of a suit is concerned. The argument of the petitioners counsel in this regard is therefore, rejected. There is no other ground on which this petition has been pressed.
6. The case at hand shows that frivolous defences and frivolous litigation is a calculated venture involving no risks situation. You have only to engage professionals to pr
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.