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|Scholar School’s festering problems at last burst into the open with the Delhi High Court rejecting the stay order in the case on 15 Feb. The High Court vacated the stay order earlier obtained by the school principal, Safia Iqbal. The court passed strictures against Mrs Iqbal who was the plaintiff in the case. The school is situated on land belonging to the Jamaat-e Islami’s Isha’at-e Islam Trust in Abul Fazl Enclave, Okhla, South Delhi.
Mrs Iqbal had approached the High Court in 1999 seeking a stay order against the re-possession of the land. The land had been leased out to Mrs Iqbal by the Trust for a period of five years in 1989. The lease was renewed once for another five years. Thereafter the Trust was reluctant to renew the lease. Mrs Iqbal approached the court with the prayer that the Trust had leased her the land for 99 years and thus its demand to terminate the lease was illegal.
Justice CK Mahajan rejected Mrs Iqbal’s case saying that ‘The plaint does not disclose any cause of action and is liable to be rejected under order VII Rule 11 CPC.' The verdict added that the suit was filed with ‘mala-fide intention to grab the property of the defendant.'
Justice CK Mahajan in his 11 page verdict added that 'There is nothing placed on the record to show that there was an oral agreement between the parties for grant of a 99 year lease. The contention appears to be an afterthought.' He went on to say: 'A false and fictitious registration number was also given. The Scholar Educational Board is not a registered society and hence could not have applied for recognition under the rules.' The verdict added that 'The unilateral act of the plaintiff was in contravention of the agreement and reflects on the conduct of the plaintiffs. The plaintiffs had a limited right to run the school in terms of the agreement and on the expiry of the lease, the defendants are within their right to take such action as they may be advised or entitled to in law.’
Meanwhile Mrs Iqbal is refusing to vacate the school premises and has accused that the Trust is trying to harass her. She has also accused the Jamaat people of threatening her and her staff and that they have unleashed a campaign to tarnish her image. Ishaat-e-Islam Trust officials when contacted by the MG denied that they have been doing anything of the sort and claimed that instead it is she who is not ready to vacate the land despite the court order. q
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