Arvind Kumar vs Pradeep Kohli And Another
2021 Latest Caselaw 7416 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 879 of 2021
 

 
Petitioner :- Arvind Kumar
 
Respondent :- Pradeep Kohli And Another
 
Counsel for Petitioner :- Pavan Kumar Mishra
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the petitioner through video conferencing and perused the record.

The instant petition has been filed assailing the judgment and order dated 01.10.2020 passed by appellate court/Additional District Judge, Deoband, District Saharanpur in Civil Appeal No. 4 of 2020 setting aside the order dated 05.12.2019 passed by Civil Judge (Junior Division), Deoband, Saharanpur in Original Suit No. 6 of 2018 (Pradeep Kohli & another Vs. Arvind Kumar) rejecting the injunction application (6C).

The plaintiff-respondents instituted a suit for permanent injunction against the petitioner not to evict them from the disputed premises except in accordance with law. Trial court rejected the injunction application. In appeal, the injunction application has been allowed.

It is urged by learned counsel for the petitioner that respondents are sub-tenant set up by original tenant, they have no right nor are the tenants.

In the impugned order, it is noted that true copy of the document (11C/3) obtained from Municipality's records shows that from 2012 to 2017 Shadi Lal and father of the respondents' Yashpal were recorded as tenants. It is further noted that both, Shadi Lal and Yashpal, are brothers. The respondent-plaintiffs are sons of Yashpal, the co-tenant.

On specific query, learned counsel for the petitioner has not disputed the document.

Learned counsel for the petitioner failed to point out any illegality, infirmity, jurisdictional error or perversity in the impugned order so as to warrant interference.

The petition lacks merits. Dismissed.

Order Date :- 9.7.2021

P. Sri.