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Supreme Court decision: An important decision came for the property owner after 40 years, Supreme Court gave him the ownership rights

Property knowledge: People often spend a long time in court cases related to property. Many property cases are so difficult that they take decades to resolve. The Supreme Court has given an important verdict in a property case that has been going on for almost forty years in the lower courts. After this decision, the owner can get the ownership rights. Let's know about this specific case and the decision.

 
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Property knowledge: Property disputes often occur between family members, but sometimes there are deep disputes between the tenant and the property owner, which last for a long time. 

After a long time, a case came to the Supreme Court, in which the property rules owner could get his rights. There is a case in Jaipur, Rajasthan. Know in the news what decision the Supreme Court took in this case which was pending in the lower courts for decades.

When did this debate start?

This is a four decade old case, in which in 1985 a person named Ravi Khandelwal bought a property from a company in Jaipur, Rajasthan. Tulika Store was then staying there on rent. The dispute between Tulika Store and Khandelwal escalated. It took forty years to resolve this case.

Know the whole thing-

This case started on 30 January 1985. Ravi Khandelwal bought a property at a prime location in a busy area of ​​Jaipur, which started the case. This was also very expensive. 

Ravi Khandelwal had bought this property from Jaipur's Metal Electric Company. After buying the property, Ravi Khandelwal demanded Tulika Store to vacate the place, but Tulika Store rejected this demand.

The tenant cited the Tenant Law:

Tulika Stores cited the 'Tenant Control of Rent and Eviction Act' on the issue of vacating the space. The tenant said that the owner cannot pay rent before five years against the wishes of the tenant (tenant property rights), as stated in the Tenant Control of Rent and Eviction Act.

This was the first such law in Rajasthan. But later the law changed. When Ravi Khandelwal appealed and still did not get the job, the case reached the lower court, district court, high court and finally the Supreme Court, where his concern could be resolved.

The case went on for two decades in the lower court-

The case was sent to the lower court, where the case went on for about 17 years. After a long debate, the court sided with the tenant. The court said that the property (property owner rights) was given to Ravi Khandelwal in 1985 and in 1982 it was rented to Tulika Store.

The tenant was asked to vacate the house but five years had not passed. Ravi Khandelwal had to struggle a lot to get the rights over his property. Ravi Khandelwal filed an application in the district court to get his rights. 

Where the decision was in favor of Khandelwal. The tenant Tulika Stores then challenged the decision of the district court in the Rajasthan High Court.

In so many days the High Court decided-

In 2004, Tulika Stores challenged the district court's decision in the Rajasthan High Court. The High Court also took 16 years to give its verdict on the case. 

The High Court's decision was in favor of the tenant, i.e. against the owner. In 2020, Khandelwal, the owner of the property, challenged the High Court's decision in the Supreme Court.

The Supreme Court resolved the dispute in the following manner-

The Supreme Court finally settled the case that was pending for decades and the property owner won. It was also surprising that the Supreme Court allowed this case to go on for 38 years. 

The court resolved this dispute under Section 142 of the Constitution. The court says that it has taken so long to get the right decision on this case and if it goes to appeal again, it will be a mockery of justice.

The Property Manager said-

Finally, after four decades, Khandelwal got the ownership rights and the house (sampatti ke hak) owner said that it was very difficult to fight a case for so many decades. 

He said that in such cases, lawyers ask for 3 to 5 lakh rupees, which is not possible for a common man, but Khandelwal's father was a lawyer, so he was able to do it. Ravi Khandelwal (landlord rights) currently used to get a rent of 500 rupees per month, but today this property is worth crores.