DEHRADUN : A Navy officer regained possession of a luxurious family-owned property in Nainital after a district and sessions court upheld a civil court ruling to evict the tenant, wife of a retired Air Force officer, after almost 58 years in the latter's possession.
Navy captain Mridul Shah , 53, inherited Rose Bank Cottage , which had been rented to family of Neelam Singh , wife of the retired IAF officer, at a nominal rent of Rs 100 per month in 1960s. Shah requested the tenant to vacate the property in 2016, saying he needed the house for his family after 23 years of service in Navy. He moved the civil court after she repeatedly refused.
Shah won the civil case in 2017, but Singh contested the ruling in Nainital sessions court. On Thursday, district judge Subir Kumar upheld the previous judgment, saying, "Singh's failure to secure alternative housing provided grounds for eviction."
Advocate Neeraj Sah, representing Navy officer, told TOI, "Rose Bank Cottage was rented to Harpal Singh in 1966 at a nominal rent. After his death, his wife and daughter continued to live there. After her mother's death, the daughter Neelam became the tenant, paying the same nominal rent of Rs 100," Sah added.
The court was told that all the property of Mridul's father had been bequeathed to his descendants, and Rose Bank Cottage was inherited by Mridul. The will was later registered, and Neelam was informed about it. Mridul told court that apart from this property, he had no other house. He said, "I have served in various postings and could not keep my family with me all the time. I need this house so my family can stay in the city with my relatives."
In response, Neelam argued that Navy provides sufficient residential facilities for its personnel, saying, "Navy offers family accommodations. My family's need to live on the property is greater, and we ask you to overturn the civil court's decision."
After hearing arguments, court ruled in favour of Mridul, saying the property owner is entitled to use his inheritance as he sees fit. "The tenant can't dictate how the property should be used," it said.
Navy captain Mridul Shah , 53, inherited Rose Bank Cottage , which had been rented to family of Neelam Singh , wife of the retired IAF officer, at a nominal rent of Rs 100 per month in 1960s. Shah requested the tenant to vacate the property in 2016, saying he needed the house for his family after 23 years of service in Navy. He moved the civil court after she repeatedly refused.
Shah won the civil case in 2017, but Singh contested the ruling in Nainital sessions court. On Thursday, district judge Subir Kumar upheld the previous judgment, saying, "Singh's failure to secure alternative housing provided grounds for eviction."
Advocate Neeraj Sah, representing Navy officer, told TOI, "Rose Bank Cottage was rented to Harpal Singh in 1966 at a nominal rent. After his death, his wife and daughter continued to live there. After her mother's death, the daughter Neelam became the tenant, paying the same nominal rent of Rs 100," Sah added.
The court was told that all the property of Mridul's father had been bequeathed to his descendants, and Rose Bank Cottage was inherited by Mridul. The will was later registered, and Neelam was informed about it. Mridul told court that apart from this property, he had no other house. He said, "I have served in various postings and could not keep my family with me all the time. I need this house so my family can stay in the city with my relatives."
In response, Neelam argued that Navy provides sufficient residential facilities for its personnel, saying, "Navy offers family accommodations. My family's need to live on the property is greater, and we ask you to overturn the civil court's decision."
After hearing arguments, court ruled in favour of Mridul, saying the property owner is entitled to use his inheritance as he sees fit. "The tenant can't dictate how the property should be used," it said.
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