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Afghanistan/South Asia
Syrian Embassy Given Boot In Rent Dispute
2004-12-25
The Delhi High Court has directed the embassy of the Syrian Arab Republic here to vacate a plot it had taken on lease from an individual.
A Division Bench, comprising Justice Vijender Jain and Justice Anil Kumar, issued the direction on a plea by the owner of the property, A.K. Jajodia, that the embassy did not enjoy diplomatic immunity in civil matters.
It bench asked the embassy to vacate plot no 15 on Palam Marg at Vasant Vihar in south Delhi within 15 days of the passing of the order, saying otherwise the respondent shall be entitled to execute the decree for possession in accordance with law by obtaining warrants of possession of an Executive Court.
"The argument regarding diplomatic immunity will not come to the aid of the appellant (the embassy) in the present case," the bench said.
"No immunity, much less a diplomatic one, is available to the chief of the mission or any other person working in the mission in the matter which is purely in the domain of the landlord-tenant relationship."
Jajodia had leased out the property to the embassy in 1985 at a rent of Rs.14,000 per month. On the expiry of the lease deed on Dec 12, 1990, he requested the embassy to vacate the premises saying he required it for his for own use.
In response, the embassy told the owner it would vacate the property once it found an alternative accommodation. However, it failed to do so.
Jajodia then filed a suit in the court with the permission of the external affairs ministry.
A Single Bench of the High Court decided the matter Dec 31 last year, directing the embassy to vacate the property within 30 days.
The embassy challenged order before a Division Bench of the High Court taking the plea of diplomatic immunity. The Division Bench upheld the judgement of the Single Bench.
Diplomatic Immunity also doesn't work at the 7-11 when you want a doughnut and a cup of coffee.
Posted by:Anonymoose

#1  Actually, this is an interesting precedent... Consider the tax scofflaw assholes in NYC... that's a "civil matter", as well...
Posted by: .com   2004-12-25 8:06:56 PM  

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