Qumarul Hasan and anr Vs. the State

Qumarul Hasan and anr vs The State

Type Court Judgment Court Delhi Decided Feb 19, 2013

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https://sooperkanoon.com/case/955745

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Citation: sooperkanoon.com/955745
Court: Delhi High Court
Judge: Suresh Kait
Decided On: Feb 19, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Qumarul Hasan and anr

Respondent

The State

Excerpt

.....a rent of rs.4,000/- per month.3. petitioner no. 1 is a qualified mufti, surviving on an amount received on imparting knowledge of religious scriptures to the students through private tuitions, whereas, petitioner no. 2 is a housewife.4. petitioner no.1 has saved some amount by dint of hard labour and petitioner no. 2 has arranged some amount in the form of loan from her parents and parental relatives.5. in order to save the amount of rent and to buy their own flat, petitioner no. 1 has entered into an agreement of sale and purchase with one mr. shazad alam. the total sale consideration of the aforesaid flat is rs. 8 lacs. earnest amount of rs.5 lacs has been paid to the seller and remaining balance of rs.3 lacs is to be paid on or before 15.03.2013. copy of the agreement is annexed herewith as annexure-c.6. ld. counsel appearing on behalf of the petitioners submitted that if the said amount is not released, then the poor petitioners will lose the earnest money of rs.5 lacs, which has already been paid to the seller.7. i note, vide impugned award dated 16.07.2011, ld. tribunal has directed that both the petitioners will be equally entitled to the award amount with proportionate interest. it was further directed that 50% of the award amount be released to the petitioner nos. 1 and 2 and remaining share shall be kept in the form of fdr for a period of five years with uco bank, patiala house court branch, new delhi.8. in view of the averments made in the instant petition and submission of the ld. counsel for the petitioners, branch manager, uco bank, patiala house courts, new delhi is directed to release the entire amount in favour of the petitioners with interest accrued thereon on taking steps.9. instant petition stands disposed of on the above terms.10. dasti. suresh kait, j february 19 2013/jg/rs

Full Judgment

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:

19. h February, 2013 CM (M) 196/2013 QUMARUL HASAN & ANR ..... Petitioners Through: Mr. Firoz Alam, Adv. versus THE STATE ..... Respondent Through: NEMO. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.

(Oral) 1. Instant petition has been filed against the order dated 09.01.2013, whereby, ld. Tribunal has rejected his application u/s 151 CPC for releasing the amount which has been directed to keep in FDR vide award dated 16.07.2011.

2. It is stated in the instant petition that petitioners are residing at C-160/3, Shahin Bagh, Thokar No. 8, Abul Fazal Enclave, Jamia Nagar, New Delhi 110025 for the last two years as a tenant of Mohammad Ahsaan and paying a rent of Rs.4,000/- per month.

3. Petitioner no. 1 is a qualified Mufti, surviving on an amount received on imparting knowledge of religious scriptures to the students through private tuitions, whereas, petitioner no. 2 is a housewife.

4. Petitioner No.1 has saved some amount by dint of hard labour and petitioner no. 2 has arranged some amount in the form of loan from her parents and parental relatives.

5. In order to save the amount of rent and to buy their own flat, petitioner no. 1 has entered into an Agreement of Sale and Purchase with one Mr. Shazad Alam. The total sale consideration of the aforesaid flat is Rs. 8 Lacs. Earnest amount of Rs.5 Lacs has been paid to the seller and remaining balance of Rs.3 Lacs is to be paid on or before 15.03.2013. Copy of the agreement is annexed herewith as Annexure-C.

6. Ld. Counsel appearing on behalf of the petitioners submitted that if the said amount is not released, then the poor petitioners will lose the earnest money of Rs.5 Lacs, which has already been paid to the seller.

7. I note, vide impugned award dated 16.07.2011, ld. Tribunal has directed that both the petitioners will be equally entitled to the award amount with proportionate interest. It was further directed that 50% of the award amount be released to the petitioner nos. 1 and 2 and remaining share shall be kept in the form of FDR for a period of five years with UCO Bank, Patiala House Court Branch, New Delhi.

8. In view of the averments made in the instant petition and submission of the ld. Counsel for the petitioners, Branch Manager, UCO Bank, Patiala House Courts, New Delhi is directed to release the entire amount in favour of the petitioners with interest accrued thereon on taking steps.

9. Instant petition stands disposed of on the above terms.

10. Dasti. SURESH KAIT, J FEBRUARY 19 2013/Jg/RS

Same Court & Year Delhi · 2013 Same Parties Qumarul Hasan and anr vs The State Same Subject Education Same Judge Suresh Kait