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SHAAN....... (Freelancer)     03 March 2010

The Supreme Court new Jugdement really Disapponiting

Today i was reading the newspaper in which i saw that Supreme Court has given a new judgement. It was case  regarding the eviction of Tenant from the property if the owner of the property dies before the decree/decision of the court. This crucial decision was given by the Honorable Justice Markandey Katju and T.S.Thakur in which they said that "The Right to relief  should seen from the day on which the case has been proceeded. But during the period of case if any important incidence happened which effect the right of relief of the tenant then it can't be unseen. The courts should saw the effect of incidence the gave decision of relief according to situation..."

I felt this decision really disappointing because First of all in india the legal procedure is so, long or  decisions took so long time that the persons died but decisions don't came and Secondly and most importantly   the Property belongs to owner in case he doesn't lives then the property should belongs to his legal heirs or in case having no legal heir that property should belongs to goverment the tenant should not have any right in property whatsoever in any manner. This will encourage the people to take house on rent from the old age people who don't have any legal heir or child.

According to me the Honorable Supreme Court should take a strong decision in the favour of the owner by implementing some new law or amendment by which these case of tenant and owner should resolved quickly and innocent owner should not survive like this by waiting for the decisions for long time and there shouldn't be only way of evicting the property on the basis of necessity or other thing because the property belongs to the owner and he should have full rights to evict his property whether he needs it or not.

If my thoughts have hurt anyone's feeling then i felt sorry for that.

But the judiciary system should take such decisions so, that the  long list of pending case regarding property should resolved.

 

Thanks & Regards

SHAAN



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