SAHIL MARWAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has in this .writ petition filed under Article 226 of the Constitution of India read with Article 227 challenged the act of respondent No.1 in declining him permission to file a suit against United Nations High Commissioner for Refugees (for short 'UNHCR') for payment of his share of rent for the premises, namely, 14 Jor Bagh, New Delhi.

(2.) Through letter, annexure J, dated 30.9.1994 the petitioner was informed on his request by the Ministry of External Affairs, Government of India that it regrets its inability to give requisite permission for filing suit against UNHCR. Petitioner was informed to submit a succession certificate to the United Nations High Commission for Refugees for his dues or alternatively the petitioner was asked to obtain consent/No Objection of the other lessors and forwarded it to the Ministry to enable the Ministry to resolve the matter amicably with UNHCR. Petitioner again represented. Through letter, annexure M, dated 9.12.1994 petitioner's request was turned down on the following ground:

(3.) The matter being subjudiced, it also apepars that UNHCR is ready to pay 1/6th portion of the rent to Shri Marwah, that has been withheld for want of identification of the successor. It is not a case of intentional or willful non-payment of rent. The UNHCR has intention to pay the rent to the holder of a succession certificate or till the legal dispute pending in court regarding the succession to the estate of the deceased has been resolved.