Gopal Das vs Secretary Hussainabad & Allied ...
2013 Latest Caselaw 6088 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 21
 

 
Case :- MISC. SINGLE No. - 3709 of 1990
 

 
Petitioner :- Gopal Das
 
Respondent :- Secretary Hussainabad & Allied Trust, Lucknow
 
Counsel for Petitioner :- G.K. Srivastava,Abhishek Mishra,H.S.Jain,Smt. Yogita Chandra
 
Counsel for Respondent :- Syed Khurshid Hasan Rizvi,Q.H. Rizvi
 

 
Hon'ble Sibghat Ullah Khan,J.

List revised. No-one appears for the respondent no.1. Shri Abhishek Misra, learned counsel for the petitioner very fairly states that in the shop in dispute, which was initially in possession of the petitioner, at present office of Archaeological Survey of India is situated. He is confining his prayer only to award of damages as claimed in para 14 (ii-b) of the plaint. Suit no.398 of 1983 was filed by the petitioner under section 6 of the Specific Relief Act claiming that he was tenant of the shop in dispute and had illegally been dispossessed by the landlord respondent no.1. The suit was decreed for redelivery of possession by 6th Addl. Munsif Lucknow on 27.02.1987. Against the said decree opposite party no.1 filed revision in the form of Civil Revision no.118 of 1987. XI A.D.J. Lucknow allowed the revision on 25.01.1990, set- aside the decree of the trial court and dismissed the suit.

Said order of the revisional court has been challenged through this writ petition.

The revisional court committed an error of law in holding that the suit was not for possession but only for mandatory injunction seeking a direction to the landlord respondent no.1 to remove its lock which it had put on the lock of the petitoner. Such prayer is in fact prayer for possession.

The prayer of the petitioner's learned counsel for decreeing the suit only for damages is extremely reasonable, hence, it is accepted and the damages of Rs.3,000/- as demanded in prayer no. (ii-b) para 14 of the plaint are allowed. Let an amount of Rs.3,000/- along with 10% per year interest since 1983 till actual payment be paid to the petitioner by respondent no.1. The suit is decreed only to that extent.

Writ petition is accordingly allowed in part.

Order date :- 26.9.2013.

mks

CMA No. 82782 of 2012

IN

Case :- MISC. SINGLE No. - 3709 of 1990

Petitioner :- Gopal Das

Respondent :- Secretary Hussainabad & Allied Trust, Lucknow

Counsel for Petitioner :- G.K. Srivastava,Abhishek Mishra,H.S.Jain,Smt. Yogita Chandra

Counsel for Respondent :- Syed Khurshid Hasan Rizvi,Q.H. Rizvi

Hon'ble Sibghat Ullah Khan,J.

Heard learned counsel for the petitioner. Restoration application is allowed. Order dated 28.5.2012 dismissing the writ petition for want of prosectuin is set-aside and writ petition is restored.

Order date :- 26.9.2013.

mks