On hearing the news that the house was being offered to Kejriwal on rent, Virender Kumar Jain, Naren Jain's elder brother, moved the court alleging that the offer was in violation of the court's earlier order that restrained renting of a disputed property.
The petition filed by Virender Jain has contended that the property on 4-B, Flag Staff Road, Civil Lines was disputed property and without informing him, the flat was given on rent to Kejriwal.
Justice V.K. Shali, while issuing notice to Viren Jain, now posted the matter for Aug 21.
Meanwhile, Kejriwal has decided against shifting to the house in Civil Lines because of the legal complications.
Virender Jain's counsel Girish Aggarwal informed the court that on Feb 2, 2011, the Delhi High Court had ordered that no third party interest could be created in the suit properties unless the issue is resolved. The dispute is still pending in the high court here.
The petitioner apprised the court that the said violation came to the notice through newspapers, TV channels and Kejriwal's tweet thanking Naren Jain for the flat on a monthly rent of Re.1. Kejriwal also started renovation work on the suit property which was objected to by Virendra Jain but the work was not stopped.
Later Naren Jain said that Kejriwal is his guest and not a tenant but Virender Jain dismissed the claim. "It is beyond understanding that a so-called guest is spending about Rs.20 to 25 lakh on the property of his host with an undertaking that he will leave the said property within a year, therefore, the theory of guest is unbelievable and false on the face of it."Requesting the court to initiate proceeding against the former chief minister, he said: "It is found that Kejriwal was aware about the court proceedings and injunction orders then he may also be put to trial and suitable orders may kindly be passed against him."
The petitioner has also sought action against Naren Jain for violation of the high court orders. He added that the injunction orders are still continuing as no one can deal with any of the suit properties until and unless it is adjudicated.
The former Delhi chief minister is expected to vacate his official Tilak Lane residence by the end of July.