High Court observed that courts cannot be converted into a wrestling field, for trial of tricks where the Court has to act as an empire when a party take different stand in a court to defeat the efforts of the other party and said stand must be curbed down effectively by the courts.
Justice Vinod Chatterji Koul while dismissing the appeal of the tenant and setting aside the trial court judgment by directing to vacate the tenancy premises and hand it over to landlord recorded that the courts must effectively intervene and nip the evil of perjury and false statements in bud.
“Where a tenant takes different stand in different courts to defeat the effort of landlord to get the premises vacated at the time of need such an effort must be curbed down by the courts effectively by binding him with his earlier statement in respect of the same premises and his plea of raising a dispute in respect of the rent admitted by him should not be heard and entertained”, Justice Koul emphasized on trial courts.
Justice Koul said that the courts have ruled that the tenants cannot dictate upon landlord’s personal need of the tenanted premises while making meticulous comparison and assessment of the comparative advantages and disadvantages of landlord and tenant.
Court set aside the trial court judgment decree whereby partial eviction from tenancy premises was directed in favour of landlord and allowed the cross appeal landlord by directing the tenant to vacate the shop, and the room in first floor within a period of two months from the date of pronouncement of the judgement and vacant possession shall be handed over by them to landlord.
The tenant in his written statement before the Trial Court has in clear cut terms admitted that he executed rent deed with the landlord and by this, court said, he has admitted the relationship of landlord and tenant. He has also admitted that he received notices from the landlord and replied to them.
“Once that being the position, the tenant cannot be permitted to both approbate and reprobate. On one hand he admits relationship of landlord and tenant, and on other hand he claims to be owner of the same property with respect whereof he has executed rent deed in favour of landlord”, Justice Koul said.
Justice Koul said, a person cannot be allowed to approbate and reprobate and no party can take stand as per convenience and a party cannot be allowed to withdraw from the admissions made by it in the pleadings in respect of the case.
If the parties, court added, are allowed to approbate and reprobate at their sweet will and convenience and take the Courts for a ride, the whole judicial system shall fail. The Courts must effectively check such parties, who take inconsistent stands, according to their convenience.
Restaurant sealed in Jammu Kashmir
Police in Ganderbal town sealed a restaurant for not adhering to COVID-19 guidelines issued by the administration. Moreover 332 violators were fined for not wearing face masks and defying COVID-19 guidelines.
A police official said that a police party of Police Station Ganderbal headed by SHO Police Station GanderbalSalfieArshid, during checking found one restaurant owner violating COVID 19 SOPs/guidelines and instantly took stringent action and booked the owner in case FIR No. 103/2021. The restaurant was also sealed by the executive magistrate on spot.
Moreover, police also fined 322 violators for defying COVID-19 guidelines and not wearing face masks. Fine to the tune of `140700 was recovered from them.
J&K: One dies, 3 injured after HT line fell on farmers working in paddy field
One person died and three others were injured when a High Tension (HT) wire fell on a group of farmers who were working in a paddy field in Budgam Saturday afternoon, official sources said.
They said a group of farmers were busy working in a paddy field in Khansahib area, about 35 kms from main Budgam town when a HT line fell on them.
Four persons were injured, post which they were rushed to hospital where one of them identified as Teenager Shiraz Ahmad was declared brought dead.
The sources said the condition of three other injured is stated to be stable. Meanwhile, hundreds of villagers strongly protested against the Power Development Department (PDD) for failing to repair HT and local power lines.
DC orders withholding of salary of two Zonal Medical Officers
While taking the review of Covid-19 mitigation efforts in the district, Deputy Commissioner Srinagar on Saturday ordered withholding of salary of two Zonal Medical Officers, after the review report of their respective health zones was found “poor” and “un-satisfactory.”
An official in the district administration Srinagar said that, the performances of Health Zones in Srinagar was revived today and strong note was taken of two heath zones, namely Khanyar and S.R. Gunj as both the zones had poor performance regarding the Covid-19 mitigation efforts in the district.
Acting swiftly, the official said that the Deputy Commissioner Srinagar ordered to withhold the salary of the two Zonal Medical Officers till a satisfactory vaccination is recorded.
In an order issued by the Deputy Commissioner Srinagar, a copy of which lies with the KNO reads that the vaccination process of 45 years and above age group was reviewed today and out of all the Medical Zones, performance of Khanyar and SR Gunj Zones respectively is quite un-satisfactory.
The order further reads: “The poor performance on part of Zonal Medical Officers of Medical Zones Khanyar & SR Gunj has been viewed seriously. As such, it is hereby ordered that salary of the above mentioned Zonal Medical Officers shall remain withheld till a satisfactory vaccination coverage is recorded.”
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