BSP city chief’s plea against house vacation dismissed

  • Shailee Dogra, Hindustan Times, Chandigarh
  • Updated: Apr 18, 2014 12:29 IST

Additional district and sessions judge RK Jain has dismissed an appeal filed by Chandigarh BSP president Hafiz Anwar-ul-Haq against the order of a lower court directing him to evict a Sector-33 house that he has been staying in as a tenant for nearly 13 years. Haq is the husband of Jannat Jahan, the BSP candidate in the justconcluded Lok Sabha elections for the seat.

The owner of the house, Lt Gen Neel Rattan Khanna (retd), 75, moved court in 2011 for vacation of the house on the grounds of personal necessity. Khanna is staying with his wife in Noida and wants to move back to Chandigarh.

Considering his plea, civil judge Parvesh Singla, acting as the rent controller in May 2013, had directed Haq to vacate the one-kanal property, House Number 1646, Sector 33D.

Haq filed an appeal against the order that was dismissed by additional district and sessions judge RK Jain on March 28, and a copy of the order was made available on Thursday.

In his appeal, the BSP leader had claimed that Khanna wanted to get the house vacated not due to personal necessity, but owing to greed. He had also claimed that Khanna wanted to ‘reap benefits’ due to the high rentals of Chandigarh.

Khanna said that he retired as lieutenant general from the army in 1997 and shifted to Noida in search of job opportunities and settled there in a flat on the sixth floor.

The court, while dismissing Haq’s appeal, held, “The tenant cannot dictate terms to the landlord and Khanna’s desire to come and settle in Chandigarh cannot be treated as greed.”

It added: “No doubt, the basic principle of the rent law is to protect tenants but the need of landlord has to be seen. … so mere wish of the landlord to settle in his house in last years of his life cannot be said to be greed of the landlord rather it is very genuine and bonafide need.”

Advocate Vikas Jain, representing Khanna, said, “For the last three years, a senior citizen has been fighting a legal battle to get possession of his house and finally justice has been done. Khanna has been trying to settle in Chandigarh and with the court order, we hope to get the possession of the house now.”

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