Farmhouse lease dispute: Delhi HC directs Kuldeep Bishnoi's family firm to pay 50 pc amount as per trial court's order
Jan 22, 2023
New Delhi [India], January 22 : The Delhi High Court has directed Haryana BJP leader Kuldeep Bishnoi's family-owned company Seth Enterprises Pvt. Ltd. to pay a deposit of 50 per cent of the amount as per the trial Court's order in connection with a farmhouse lease dispute matter.
The Patiala House Court of Delhi on October 29, 2022, had directed the said firm to deposit a total amount of Rs 3,75,00,568 within two months in relation to the possession of a farmhouse in Delhi which was on the lease.
The said farmhouse earlier remained registered as the Party office/Headquarter of Kuldeep Bishnoi's Political Party - Haryana Janhit Congress (HJC).
Kuldeep Bishnoi, four times MLA and son of former three times Chief Minister of Haryana Late Bhajan Lal, through his company Seth Enterprises Pvt. Ltd. entered into a lease agreement on May 20, 2013 and took up to the Farm House, Rajokari, New Delhi from Nimitaya Properties Ltd./owner/landlord on lease for his residential purpose.
The bench of Justice Tushar Rao Gedela in an order passed on January 17, 2023, directed Seth Enterprises to deposit 50% of the amount as per the trial court's order on October 29, 2022, and remit the same before the Trial Court in 2 trenches.
The High Court further directed that the first trench be paid within 3 months from today and the second instalment within 3 months thereafter and disposed of the appeal.
Bishnoi's firm recently moved an appeal in Delhi HC challenging the trial court order whereby the Trial Court in a suit filed by the landlord/Nimitaya Properties Ltd., rejected Seth Enterprises Pvt. Ltd.'s/tenant's objections regarding suit property being agricultural land and barred under Section 185 of the Delhi Land Reforms Act, 1954 and directed Seth Enterprises to deposit the arrears of rest Rs.4,25,000/- plus increase of 15% thereupon per month for the period April 15 in 2015 till April 14 in 2017 and similar, further amounts calculated with 15 per cent increase every 2 years till November 15, 2020.
The landlord is represented through Advocates Sumit Gehlot and Nikhil Bhalla from Fidelegal Advocates and Solicitors in the case.
According to the suit, Seth Enterprises Pvt. Ltd. entered into a lease agreement on May 20 in 2013 and took up on lease the Farm House bearing No. 3 Avenue Jacaranda, Westend Green, Rajokari, New Delhi from Nimitaya Properties Ltd's owner for residential use of its Managing director Kuldeep Bishnoi and his family.
The suit stated that despite the expiry of the lease, which was for a fixed period of 2 years, the said Farm was not vacated and later the owner decided to file a Civil Suit in 2015 before the Court in Delhi. In the said suit Patiala House Court vide order dated September 3, 2020, directed Seth Enterprises to vacate the said farm and to hand over the possession to the owner. An exorbitant amount running into Crores of Rupees (From 15.04.2015 till 14.11.2020) was payable as rent by Seth Enterprises, the recovery of which has been sought by the owner through the application under Order 15A CPC, 1908, in which the trial court order October 29 in 2022 directed Seth Enterprises to deposit rent from April 15 in 2015 to November 15, 2020.
Later, Kuldeep Bishnoi resigned as director from Seth Enterprises Pvt. Ltd. Currently, BJP MLA Bhavya Bishnoi, from Adampur Hisar Haryana and Chaitanya Bishnoi Kuldeep Bishnoi's sons are directors in Seth Enterprises Pvt. Ltd.
