Tuesday's bench of Patan High Court judges Khadak Bahadur KC and Ramesh Prasad Gyawali upheld the Kathmandu District Court's decision that tenant rights were not applicable.
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The Marwari Sewa Samiti's claim regarding tenant rights over the land of Pashupati Dharamshala will not be valid.
Tuesday's bench of Patan High Court judges Khadak Bahadur KC and Ramesh Prasad Gyawali upheld the Kathmandu District Court's decision that the tenant rights would not be valid.
The District Court had earlier decided that the committee's rights over the land and structures in plots number 83 and 85 of the Pashupati area would not be valid. The Marwari Sewa Samiti had approached the High Court against the district's decision on November 21, 2002. Information Officer Bikram Khanal said that the Patan High Court had ruled that the decision would be upheld.
The bench of then District Judge Kamal Prasad Pokharel of Kathmandu District Court had ruled on October 16, 2002 that the committee's tenant rights claim would not be valid.
‘No evidence from the decision records has been presented to prove that the Marwari Service Committee has a tenant right over the claimed land,’ the then decision said.
An agreement was signed between the Pashupati Development Fund and the committee on 12 Jestha 2060 BS. While signing the agreement, it was said that the Dharamshala would be made non-profit. There was a dispute that shutters were built there and rented out for commercial purposes. After this dispute, the fund decided to cancel the agreement. Against this, the committee filed a case in the Kathmandu District Court on 17 Shrawan 2080 BS. After the decision that the claim in the case was not sufficient, the Marwari Service Committee filed a case in the Patan High Court on 12 Mangsir 2081 BS, naming the Pashupati Area Development Fund, the then member-secretary of the fund, Dr. Milan Kumar Thapa, and 12 others as defendants.
