Dharamveer Singh vs Malua Khan And Others
2011 Latest Caselaw 1399 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 24426 of 2011
 

 
Petitioner :- Dharamveer Singh
 
Respondent :- Malua Khan And Others
 
Petitioner Counsel :- Anoop Trivedi
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the petitioner submitted that he has been granted lease for the land in dispute in the year 1975 by the Gaon Sabha and the petitioner is in possession over the property in dispute. When the defendants started interfering with the possession of the petitioner, the petitioner filed a suit for mandatory injunction along with an application under Order 39 Rule 1 C.P.C. The trial court has allowed the application. Against the said order, the defendants filed an appeal, which has been allowed by the appellate court. The appeal has been allowed on the ground that the lease granted in favour of the petitioner was forged.

On the facts and circumstances, the Court asked the petitioner to make Gaon Sabha party for the verification whether any lease has been granted to the petitioner in the year 1975 or not. The Gaon Sabha has been made party in the petition as respondent no. 4. Notice has been served upon Sri Anuj Kumar, Advocate. On behalf of Sri Anuj Kumar, Sri S.K. Yadav, Advocate appeared. He prays for and is granted two weeks time to file counter affidavit particularly on the point whether any lease has been granted to the petitioner in the year 1975 or not.

Issue notice to respondent nos. 1,2 and 3, returnable at an early date. The petitioner may take steps to serve the respondent nos. 1,2 and 3 by registered post within 10 days.

List in the week commencing 23.5.2011.

Till the next date of listing, the parties are directed to maintain status-quo in respect of the property in dispute.

Order Date :- 27.4.2011

OP