Sir,
Since the Leave to Defend of the nephew was declined, he approached the High Court with a Revision Petition for that very reason and to prove to the High Court that the trial court's order suffered from such and such infirmities and further to get a stay in the Execution proceedings.
On the face of it , it may seem contradictory but if you ponder over it and come to grasp the facts correctly, it is not.
The nephew who is in unauthorised possession was the SPA holder of his uncle, contested the Eviction Petition as his attorney vide the SPA and further filed Revision Petition in the High Court also in capacity as SPA.
He is not a defendent/respondent.
His uncle is the JD since the Eviction Petition can be filed against the TENANT and not a tresspasser or a person who is unauthorisedly occupying the premises.
In 2012, he was served a notice calling him an unauthorised occupant in the premises and was asked to vacate and handover possession to the landlady, that is my mother. Since my parents were ailing at that time I could not pursue the matter any further and soonafter my parents expired one by one in the year 2013 and 2014. The property passed on to me vide Relinquishment Deed in 2013 after the death of my mother ( landlady).
In 2021, I filed the Eviction Petition.
In the meantime, this nephew got himself various receipts from different govt. departments, such as house tax, Trade License etc to claim he was in possession and further created a handwritten "Receipt" cum NOC cum Extension of Lease for "99" years and forged my parents signature on it. That purported handwritten receipt talks of having given 20 lakhs in cash to the landlady and the tenancy having been transferred to the nephew by his uncle before moving abroad.
We have outrightly denied any such receipt being ever issued by my mother in response to the Leave to Defend and have vehemently claimed it to be a forged and fabricated document.
The Rent Controller in his Judgement order has dealt with this issue as: ... even if it is presumed to be true, then also such a receipt does not detract from the Landlord Tenant relationship that needs to be established for bonafide need case.
And as for the forged and fabricated document , the Rent Controller has said in the Judgement Order that the issue of forgery does not fall in his domain and the concerned parties should approach the "appropriate forum".
Two days prior to the Judgement Order, I had filed a police complaint against the tenant ( residing abroad and being alive then), the SPA holder and his brother who signed as witness on the purported handwritten receipt, for forgery and sought an FIR to be registered against them u/s 420,468, 471, 120(B).
The SPA holder being an influential person used his clout to hush up the matter with the police . Consequently, the IO refused to investigate the complaint , and told me so, citing the jurisdictional issue. According to the IO the crime took place where the court was situated and it fell outside their jurisdiction
It is assumed the report filed by him , gives the status of complaint as: NI ( NOT INVESTIGATED) for the fake issue of jurisdiction.
Complaint was escalated to the DCP office but still not investigated and the IO closed the complaint and sent me computer generated message that the report concerning my complaint has been sent to the concerned office. That was the last I heard of the matter.
In the meanwhile, I being busy in Execution and High Court could not attend to the criminal matter.
Now, the SPA holder has approached the High Court with the same forged and fabricated "handwritten" receipt that "extends" his tenancy for a further "99" years !
Imagine, a handwritten, UNREGISTERED LEASE for 99 years being brought as evidence in a court of law !!
He is claiming to have become a tenant in his own capacity on the basis of such a receipt.
And for this reason says that we did not implead the correct party in the Eviction Petition.
So far, his Revision Petition in the High Court is at the stage of Admission only.
No notice has been served as yet upon us by the High Court .
Since we had filed a caveat in the High Court and were following the proceedings through VC, we were aware of what's going on.
It is only on 20-11-24 that we marked our presence in the High Court for the first time. And that is the day they disclosed the date of death of the JD.
In the meantime, we are also attending the Execution proceedings wherein the SPA holder , again filed OBJECTIONS under ORDER 21, RULE 97, 101,105 etc, this time in independent capacity.
The same person who contested the Eviction Petition as SPA holder, filed OBJECTIONS in execution court after he gave resistance to the Bailiff by keeping the shop closed on the day he came for Execution of Warrants of Possession. Since no permission to break open locks was given and neither was police aid provided, we had to file again for warrant of possession to be issued this time with permission to break open locks and police aid being provided ( such request in the first instance was not granted by the Rent Controller).
But before that could be granted, the SPA holder, masquerading as OBJECTOR in "Independent Capacity" filed the Objections under Order 21 Rule 97,101,105 etc. to frustrate the Execution.
Now, unless these get decided first , we cannot be granted fresh Warrants of Possession.
The objections were filed LAST YEAR in Oct 2023, and in between their lawyer got adjornment after adjornment on one pretext or the other and kept dragging the matter by not appearing in the court. Thus the Execution matter was stalled for full one year WITHOUT any effective hearing taking place. In between the Roster changed twice and finally a third Judge took the bench.
Finally, when LAST opportunity was given to them to come forward and argue on their objections, they finally did on 22-11-24.
Thus, their Lawyer used every trick in the book to successfully stall Execution proceedings for one year !
Such are the convoluted ways of laws !!
As for the High Court matter, I have given the details in my query.
I hope that clarifies the facts to you.
Thanks for your time and interest.
