Virender said he would take Naren to court for offering the four-bedroom house on rent to Kejriwal. Virender, through his counsel, claimed that he owned half of the property and that there were legal barriers to the house being given on rent.
After his resignation as Delhi chief minister in February, Kejriwal had continued to live in his official Tilak Lane residence after seeking an extension on account of his daughters CBSE examination.
According to Virender Jains lawyer Girish Aggarwal, the property in question, 4B Flagstaff Road, along with other properties owned by former Congress MP Bhiku Ram Jain, has been the subject of litigation among the Jain siblings since 2010. The five brothers had entered into an agreement to divide the extensive properties owned by their father into five parcels.
Under that agreement, Virender had received a 50 per cent share in 4B Flagstaff Road house. In 2010, their two stepsisters approached the Delhi High Court for the right to get a share in their fathers property.
In July 2013, the brothers gave an undertaking to the High Court that they will maintain a status quo on the properties. In any case, under the Transfer of Property Act, no third-party rights can be created in a property that is the subject of a court case, Aggarwal said.
The lawyer told Newsline that Virender will be filing a contempt of court and perjury petition in the High Court later this week.
As of now, we are filing a case against Naren and not against Kejriwal as he could not have been aware of the court case. However, if Naren informs the court that Kejriwal had been informed about the court case, then he would also be liable, Aggarwal said.
On his part, Naren said the complication was politically motivated and that Kejriwal would live in his house as a guest, without any rent.
I belong to an old family of Congressmen and my brother has been politically motivated because they cannot swallow that Arvind Kejriwal will live in my house. Let it be clear that there is no stay on anyone living or renting the property, and only in its alienation or sale. Kejriwal will live as a guest in my house without any rent, Naren said.
Representatives of the Aam Aadmi Party said as far as they are concerned, no change in the status quo had been intimated to them. For now, the plan is that Kejriwal will move into the Flagstaff Road residence after renovation. This could either be by the month-end or the first week of July.
Arvind Kejriwals house woes
Jan 3 : Kejriwal, soon after taking oath as the Delhi CM, is
allocated two Type-VI duplex apartments on Bhagwan
Jan 4: Facing criticism, he decides not to take up the five-bedroom duplex flats
Jan 17: The Urban Development Ministry allots a three-bedroom flat on Tilak Lane to Kejriwal
March 7: After he resigned as Delhi CM on February 14, PWD sends him a notice asking him to pay a rent of Rs 85,000 a month for the Tilak Lane house
March 11: Kejriwal seeks an extension to stay at the Tilak Lane residence until his daughters CBSE examination are over in May. His IIT batchmates agree to pay the rent for
June 13: Kejriwal decides to vacate Tilak Lane house as his daughters exams are over.
AAP volunteers begin house-hunting
June 20: AAP announces that Kejriwal will shift into a house in Civil Lines offered to him by Naren Jain, son of Congressman Bhiku Ram Jain
June 23: Narens brother Virender claims that the AAP leader cannot move in as house is under litigation