LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Govt pleader shall be the agent of the govt to receive process by court

Esheta Lunkad ,
  14 September 2020       Share Bookmark

Court :

Brief :
Landlord does not have the right to give eviction orders at any of the branches of the government’s postal service.
Citation :
Petitioner: Union of India through the Postal Department of Delhi Respondent: Aruna Gupta Citation: 2017 Vol 0 Del 3304

Bench:

Jayanth Nath

Issue:

Whether the eviction order given to the postal department stands valid?

Facts:

  • The petitioner is a tenant of the property of the respondent for a long time since 1953.
  • They have filed a petition under Section 25 (b) of the Delhi Rent Control Act 1958.
  • They have challenged the eviction order given to them.
  • In the eviction order, doesn’t address the petitioners from Chawri Bazar where they are operating, instead puts the address of Chief Post Master General at Link rd, Jandhewalan of Delhi.
  • Question arose that when a government entity is involved who is the right person to affect service.

Appellant's contentions:

  • The post office is located at an iconic corner and is considered as a landmark for its nearby residents at Chawri Bazar.
  • There were co-ordination problems between the departments, hence steps were not taken in 15 days as per the provisions of Sec 25b of DRC Act, and automatically the eviction was granted in the favour of the landlord.
  • Respondent is attempting to take possession by the use of undue process of law.
  • Sec 79 of CPC states that in suits where the government entity is involved, the Union of India will be named as the authority.

Respondent's contentions:

  • Tenant cannot contest prayer for eviction unless an affidavit is filed stating the grounds for his contentions.
  • The terms of Sec 25b of DRC Act should be strictly adhered to.

Final judgement:

  • Landlord does not have the right to give eviction orders at any of the branches ofthe government’s postal service.
  • There is no explanation by the respondent as to why the order was given to the Chief Post Master General.
  • Order is materially irregular and illegal.
  • Petitioner is given 15 days time to file application for seeking leave.
 

Enroll the Course on CPC by Mr. S.C Virmani:
Click Here

 
"Loved reading this piece by Esheta Lunkad?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"



Published in Constitutional Law
Views : 241




Comments




LCI Learning Hindu Laws


Latest Judgments


More »


Post a Suggestion for LCI Team
Post a Legal Query