Plea in HC for restraining Arvind Kejriwal from moving into new house

Written by PTI | New Delhi | Updated: Jun 26 2014, 02:54am hrs
Three applications were today filed in the Delhi High Court with one of them seeking to restrain ex-CM Arvind Kejriwal from moving into his new house as a tenant at posh Civil Lines area here.

The remaining two applications seek initiation of contempt and perjury actions against the part owner of the disputed property for allegedly violating court orders, by renting out the premises to Kejriwal.

The applications were mentioned before a Joint Registrar of the High Court who listed the matter before the concerned court for hearing on July 1.

The petitions were filed by Virender Kumar Jain, who claims to have 50 per cent share in the property-No. 4-B, Flag Staff Road, Civil Lines, Delhi, where Kejriwal plans to shift as a tenant.

However, Virender's brother Narender Kumar Jain in reponse to the filing of the applications against him, said, "Since the matter is in the court, it is for the court to decide.

"We will wait for it (court order). There is no point in commenting on the allegations made in the applications," he said referring to the petition filed by his elder brother seeking action against him.

Virender alleged that Narender rented the premises to Kejriwal despite the High Court order of August 14, 2013 directing that status quo be maintained with respect to the property, till the adjudication of disputes.

The petition filed through advocate Girish Aggarwal sought interim ex-parte orders to his brother to immediately remove the former Delhi Chief Minister and his family members from the said property.

He has also sought initiation of contempt of court and perjury proceedings against his brother Narender for violating the high court's earlier order to maintain status quo and for allegedly making false statements about a non-existent Supreme Court order to show himself as sole owner of the property, respectively.

"That Narender Kumar Jain may kindly be restrained from creating any third party rights or parting with possession of the suit property, 50 percent of which at present belongs to the plaintiff as per basket No. 4 of the properties, though not implemented due to the adjudication of the shares," he has said in his petition.

The petitioner further sought action against Kejriwal, if the Aam Aadmi Party leader was found to be aware about the facts, proceedings and injunction orders of the high court.

He has submitted that a suit for partition of properties was filed on March 26, 2012 in the high court and it was agreed that the five baskets be prepared of all the properties and while the other legal heirs shall take four baskets as per their choice, one will be given to him.

Such a development occurred on July 26, 2012, when he was given 50 per cent share in the property in question.

He said that before the shares were finalised, the legal heirs of two step sisters intervened for their shares in the entire property and thus, an undertaking was given to the court by all the parties that status quo will be maintained.

As per the undertaking, the court had passed its order of August 2013 directing that status quo be maintained till final adjudication of the shares.

He alleged that in utter disobedience and violation of the high court's order his brother Narender inducted Kejriwal as a tenant without seeking any permission from the Court and without informing him.

"The said violation came to his notice through newspapers, TV channels and other electronic media," the application has said.

The petitioner also claimed that the said property does not belong to Salman Rushdie's family and the sale deed is in the name of Late Bhiku Ram Jain's family.