🍁 These two stories from Punjab show that Laws to evict unauthorised occupants of buildings by INTERIM MANDATORY injunctions need to be evolved..

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🍁 These two stories from Punjab show that Laws to evict unauthorised occupants of buildings by INTERIM MANDATORY injunctions need to be evolved or revisited by High Courts or by Supreme Court 🍁

These two stories came to me in last week.

1) A 76 year old man said, his house has been unauthorisedly occupied by his own brother.

“Did you file suit for eviction?” I asked.

He said, “Suits take many years. So he had instead approached Tribunals set for Protection of Senior Citizens. The Tribunal gave a vague judgement. So now he will have to go to High Court.

I looked at this 76 year old man in fragile health. I was not sure how long he will live on to fight his case.

2) Second story is also from Punjab. Here, a neighbour unauthorisedly occupied house of an elderly woman in 2005.

She filed eviction suit in 2005. The neighbour was advised not appear in suit at all and let the court pass exparte judgement.

After evidences were given, after 5 years judge passed exparte decree of eviction in favour of woman.

Then neighbour appeared in case and moved an application for setting aside exparte judgement… But cleverly, he did not file application for condonation of delay. He filed it very late. Idea was to keep prolonging case.

His application for set aside judgement was refused by two courts.

Then he filed third revision petition in High Court.

High Court set aside exparte decree eviction and directed suit to expediously. It means wheels of justice moved backward to year 2005.

The woman who had filed suit for eviction has however died.

She did not live long enough to see the case to reach a logical end πŸ˜”πŸ˜”πŸ˜”

🍁The vacuums of Laws which apear to me here are in two areas :-

A) When courts can pass mandatory order of eviction of unauthorised occupants ? What are the criterias ?

B ) Supreme Court has in last April held that the courts should not give any protection of stay against dispossession to unauthorised occupants of premises….

But then what is the fall out of the law…?

Does it mean that unauthorised occupants can be evicted through policeman ? What relief court can give? Can it give direction to police to disposses unauthorised occupant overstaying in premises of elderly people who are too weak to start a legal battle..? In what circumstances courts can give such orders to Police?

I am not sure about certainty of laws in these areas.

Haresh Raichura
20/12/17