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This is an archive article published on June 7, 2018
Delhi court stops 80-year-old from evicting domestic help and his family members
The court granted relief to 27-year-old Pawan Kumar after he approached the court over apprehension that he and his family members might be evicted from the property, where they have been staying for decades.
Pawan Kumar, however, claimed that the defendant, for the last two decades, had not initiated any legal process either against his parents or him
A Delhi court has restrained an 80-year-old man from evicting a domestic help and his family members, appointed as a caretaker at his farmhouse in 1993.
Senior Civil Judge Tyagita Singh granted relief to 27-year-old Pawan Kumar after he approached the court over apprehension that he and his family members might be evicted from the property, where they have been staying for decades. Before Kumar, his elder brother was the caretaker at the property. “Keeping in view the facts and circumstances of the case, it seems that there is imminent threat of dispossession of plaintiff (Kumar) and his family members, therefore ex-parte ad-interim injuction is granted in favour of plaintiff, and defendant (owner) is restrained from dispossessing the plaintiff and his family members from the property till next date of hearing,” the judge said.
Amar Pal Singh Suri, who was represented by advocate Chetan Anand, contended that he is the absolute owner of the property — a farm in south drive, DLF Chattarpur. “The defendant (Suri) bought the property in December 1978,” the counsel said.
He further argued that Kumar’s elder brother, Ganga Ram, was employed as a caretaker on humanitarian grounds in 1993. Suri’s counsel claimed that the suit for permanent injunction deserves to be dismissed with cost as Kumar has no locus standi to file the present suit on behalf of his entire family as he is not in possession of the servant quarters, and it was only his eldest brother.
Kumar, however, claimed that the defendant, for the last two decades, had not initiated any legal process either against his parents or him. They approached the court after the defendant sent them a legal notice on February 24 this year to vacate the premises by March.
“They have been living at the property for more than 35 years… The defendant has not taken any legal remedy except unlawfully asserting his title ownership and creating a hostile atmosphere in the property for the last 20 years,” the plea said.
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