HC raps tenant for abuse of law

HYDERABAD: Taking a serious view of a grave abuse of the process of law and courts by a petitioner, the High Court has not only dismissed his petition but also imposed costs of Rs 1 lakh on hi

Published: 15th April 2012 02:52 AM  |   Last Updated: 16th May 2012 07:32 PM   |  A+A-

HYDERABAD: Taking a serious view of a grave abuse of the process of law and courts by a petitioner, the High Court has not only dismissed his petition but also imposed costs of Rs 1 lakh on him.

"The petitioner undoubtedly belongs to the category of litigants whose sole aim is to take undue advantage of the due process of law which is envisaged to protect fair litigants," the court has remarked.

Justice CV Nagarjuna Reddy, in his order on a civil revision petition, noted that petitioner Mohd Aftab Ali Khan, instead of handing over the vacant possession to the landlord through his general power of attorney, indulged in unfair litigation. The court has already granted as much as one year's time to the petitioner to vacate the premises and also extended time on as many as three subsequent occasions.

"This is a piece of litigation which is indulged in by the petitioner with the sole aim of frustrating the decree obtained by the landlord (Mohd Ahmad) by raising the most frivolous objection regarding the power of attorney held by the house-owner.

"While I do not find any reason whatsoever to interfere with the order of the lower court in rejecting the frivolous and vexatious objections of the petitioner for the new GPA to come on record to represent the landlord, I have no doubt in my mind that the present civil revision petition has been filed only with an intention to keep the EP pending,’’ the judge remarked.

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