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PRATHIBA M. SINGH
Shadab Anjum – Appellant
Versus
Govt. NCT of Delhi – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner No. 1-Shadab Anjum, Petitioner No.2-Ramesh Kumar Arora and Petitioner No. 3-Sanjay Arora (hereinafter collectively "Petitioners") challenging the notice dated 23rd August, 2022 bearing no. F/TEH/MEH/2022/1082-84 in respect of the property being 1068, Ward No. 1, Khasra Number-1151/3, Mehrauli, New Delhi-110030 (hereinafter "subject property") wherein the SDM, (Mehrauli) has issued notice to the Petitioners to vacate the premises within seven days. Admittedly, till date, the Petitioners are in possession of the subject property.
3. The case of the Petitioners is that they are the purchasers of the subject property and trace back their title to Ms. Afroz Nisha and Mehvish Adil. Various documents are relied upon to argue that the Petitioners have a good title to the property. Thus, the Petitioners cannot be dispossessed, except with due process.
4. Mr. Shafiq, ld. Counsel appearing for the Waqf Board submits that this very property was the subject matter of a batch of petitions being C.R.P. 223/2019, C.R.P.224/2019 and C.R.P. 225/2019 wherei
Entering into rent agreements admitting the owner's title estops the occupant from challenging the owner's title.
The main legal point established was that illegal occupants cannot challenge the title of the property owner, and abuse of the legal process to continue possession can lead to dismissal of the appeal....
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
Discretionary relief under Article 226 of the Constitution of India is not available in cases involving eviction from Waqf properties, and the court rejected the petitioner's contentions related to d....
The importance of truthfulness and full disclosure in legal proceedings.
Misrepresentation by a party during proceedings undermines their legal claims, rendering a review application untenable when prior ownership admissions and evidence of estoppel exist.
The judgment established the liability of unauthorized occupants to pay occupation charges and costs to the Waqf Board, emphasizing the fiduciary nature of the Imam's occupation and the impermissibil....
In cases of ownership disputes, statutory authorities cannot use summary remedies to evict occupants without following due process of law. The party claiming ownership must establish its rights throu....
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