Sonal Mansingh’s eviction case to be heard again
September 12th, 2011 - 11:43 pm ICT by IANSNew Delhi, Sep 12 (IANS) The Delhi High Court Monday directed a trial court to re-consider the plea of eminent danseuse Sonal Mansingh, who was asked to vacate her premises where she has been living as a tenant since 1976.
Justice P.K. Bhasin said: “The matter is remanded back to the trial court for disposal of the petitioner’s (Sonal Mansingh) application on merits after giving opportunity to the parties to adduce necessary evidence in support of their respective pleas.”
“Till disposal of the petitioner’s plea for recalling of the eviction order, which was rejected by the trial court vide order on April 6, the execution proceedings shall remain in abeyance,” said the court.
Mansingh, 65, a recipient of Padma Bhushan and Padma Vibhushan, has challenged the order of Additional Rent Controller (ARC) asking her to vacate the ground floor of a house at Defence Colony where she was a tenant since 1976.
The lower court proceeded ex-parte and had ordered her eviction following a report that the dancer refused to accept the summons, sent through the post, to appear and defend the eviction case.
Mansingh approached the ARC after a judicial staff visited the premises to ensure her eviction in pursuance of an earlier judgment.
The plea was dismissed and later she knocked at the doors of the high court.
Earlier, Beena Om Prakash, landlady of Mansingh, had approached the lower court by filing a petition under the Delhi Rent Control Act.
“I am also of the view that no litigant can be rendered without any remedy in such a situation in which the petitioner in the present case is finding herself. I am also of the view that to go into the question whether or not the petitioner-tenant had refused to accept the summons when tendered to her by the postman should have been gone into by the trial Court itself,” Justice Bhasin observed.
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Tags: abeyance, bhasin, control act, danseuse, defence colony, delhi high court, eviction case, filing a petition, landlady, litigant, necessary evidence, padma bhushan, padma vibhushan, petitioner, plea, postman, rent control, sonal mansingh, summons, trial court